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[Cites 2, Cited by 4]

Income Tax Appellate Tribunal - Delhi

M/S Air Liquide Global E&C Solutions ... vs Acit, New Delhi on 28 January, 2021

                                    1        ITA No. 1433/Del/2016 & 1150/Del/2017


                IN THE INCOME TAX APPELLATE TRIBUNAL
                     DELHI BENCH: 'I-1' NEW DELHI

            BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER
                                    AND
               MS SUCHITRA KAMBLE, JUDICIAL MEMBER

                 ITA No. 1433/DEL/2016 ( A.Y 2011-12)
                  ITA No.1150/DEL/2017 ( A.Y 2012-13)

                    (THROUGH VIDEO CONFERENCING)

     Air Liquide Global E & C Vs         DCIT
     Solutions India Pvt. Ltd.           Circle-2(1)
     A-24/10, Mohan Corporative          New Delhi
     Industrial Estate,
     Mathura Road, New Delhi
     AAACL4255D
     (APPELLANT)                         (RESPONDENT)

                 ITA No.1150/DEL/2017   ( A.Y 2012-13)
     Air Liquide Global E & C Vs          ACIT
     Solutions India Pvt. Ltd.            Circle-2(1)
     A-24/10, Mohan Corporative           New Delhi
     Industrial Estate,
     Mathura Road, New Delhi
     AAACL4255D
     (APPELLANT)                         (RESPONDENT)


                Appellant by     None
                Respondent by    Sh. Surendar Pal, CIT DR

                 Date of Hearing            28.01.2021
                 Date of Pronouncement      28.01.2021

                                  ORDER

PER SUCHITRA KAMBLE, JM

These two appeals are filed by the assessee against the order dated 30/01/2016 passed under Section 143(3) read with Section 144C of the Income Tax Act, 1961 passed by DCIT, Circle 2(1) New Delhi and order dated 2 ITA No. 1433/Del/2016 & 1150/Del/2017 16/12/2016 passed under Section 143(3) r.w.s. 144C passed by ACIT, Circle 2(1) New Delhi, for Assessment Year 2011-12 & 2012-13 respectively.

2. Before us, the letter dated 27/01/2021 was filed by the Ld. AR thereby stating that the appeals may be allowed to be withdrawn as the assessee has moved an application to resolve the pending issue through Direct Tax "Vivad se Vishwash Scheme" (VSV) Act, 2020, and has filed Declaration Form No. 1 & 2 and is awaiting Form 3.

3. In view of the aforesaid facts and after considering the submissions of the assessee, we dismiss these appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the aforesaid Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of these four appeals and the Tribunal shall consider the same. The appeals of the assessee are dismissed as withdrawn.

4. In the result, these two appeals of the assessee are dismissed. Order pronounced in the Open Court in presence of both the parties on this 28th Day of JANUARY , 2021.

        Sd/-                                                   Sd/-
   (R. K. PANDA)                                        (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER                                        JUDICIAL MEMBER

Dated:         28/01/2021
R. Naheed
                                 3   ITA No. 1433/Del/2016 & 1150/Del/2017




Copy forwarded to:

1.                   Appellant
2.                   Respondent
3.                   CIT
4.                   CIT(Appeals)
5.                   DR: ITAT




                                     ASSISTANT REGISTRAR
                                        ITAT NEW DELHI