ASSISTANT COMMISSIONER OF INCOME-TAX, PUNE vs. M/S. GESTAMP AUTOMOTIVE INDIA PVT. LTD., PUNE

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ITA 536/PUN/2016Status: DisposedITAT Pune08 January 2021AY 2011-124 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw its appeals with liberty to revive them if the VSV resolution failed. The revenue's cross-appeal was dismissed as infructuous.

What were the facts?

The assessee sought to withdraw its appeals before the ITAT as it had filed declarations under the Vivad Se Vishwas (VSV) Act. The revenue did not object to the withdrawal.

What were the issues?

Whether the assessee can withdraw appeals filed before the ITAT to pursue resolution under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 144C(5),Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISHWANETHRA RAVI, JM

For Appellant: Shri Rajendra Agiwal
Hearing: 08.01.2021Pronounced: 08.01.2021

Heard together (5 matters)

ITA No.404/PUN/2016
ITA No.536/PUN/2016
ITA No.494/PUN/2017
ITA No.2966/PUN/2017
ITA No.1670/PUN/2018

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / ORDER

1.

All the captioned appeals except the appeal filed by the Revenue ( Dispute Resolution Panel (D.R.P.) - 3, Mumbai passed u/s 144C(5) of the Income Tax Act, 1961 in relation to the assessment years 2011-12 to 2014-15.

2.

Before us, the assessee has filed a letter dated 04.01.2021 seeking withdrawal of the appeals. The relevant contents of such letter reads as under :

“In connection with the captioned subject, the above mentioned appeals are fixed for hearing before your Honour on 08.01.20201. In this regard, we would like to submit before your Honours that we have filed declarations for dispute resolution under the VSV Act for the years under consideration. In view of the same, we wish to withdraw the appeals filed before your Honours for the years mentioned above. In case the outcome of the resolution under the VSV Act fails to attain finality, we request your Honours to grant liberty to it to restore the appeals for the aforementioned years before your Honours.”

3.

The ld. DR did not raise any objection to the withdrawal of the appeals filed by the assessee. As such, the assessee is permitted to withdraw the appeals with the liberty to the assessee to revive the appeals proceedings in the case of the Pr. Commissioner of Income Tax declining to issue Form No.3 Certificate under sub-section (1) of section 5 of the Direct Tax Vivad Se Vishwas Act, 2020 for whatsoever reasons. Accordingly, the appeals of the assessee stands dismissed as withdrawn.

4.

Since the assessee withdrew the cross appeal filed by the Revenue ( ) became infructuous and hence, dismissed.

5.

In the result, the appeals of the assessee are dismissed as ‘withdrawn’ and the appeal of Revenue is dismissed as ‘infructuous’.

Order pronounced in the open Court on 8th day of January, 2021.

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