ACIT, NEW DELHI vs. M/S. GENPACT INDIA, GURGAON

PDF · subscribers
ITA 3957/DEL/2014Status: DisposedITAT Delhi29 September 2021AY 2008-092 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted the assessee's submission regarding potential prejudice from the Vivad se Vishwas settlement and the request to restore the appeal. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee opted to settle the dispute under the Vivad se Vishwas Act and submitted Form No. 3. The assessee later requested liberty to restore the appeal if the Vivad se Vishwas outcome was prejudicial.

What were the issues?

The primary issue was the assessee's request to withdraw the appeal due to opting for settlement under the Vivad se Vishwas Act, with a condition to restore it if the outcome was unfavorable.

Which sections of the Income-tax Act were involved?

Direct Taxes Vivaad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI

Before: SHRI R. K. PANDA & MS. SUCHITRA KAMBLE

For Appellant: Shri Tarandeep Singh, Adv, Shri Pulkit Verma, Adv
For Respondent: Shri Gaurav Pundir , Sr. DR
Hearing: 29/09/2021Pronounced: 29/09/2021

PER R.K. PANDA, A. M.

1.

This appeal is filed by the revenue against the order passed by the ld CIT(A)-X, New Delhi dated 30.04.2014 for Assessment Year 2008-09. 2. At the time of hearing the assessee submitted that it has opted to settle the dispute under Direct Taxes Vivaad se Vishwas Act, 2020 and submitted copy of Form No. 3 issued by Ld PCIT, Delhi-4 dated 25.02.2021. 3. The ld DR did not have any objection to the same.

4.

We have carefully perused the letter dated 20/08/2021 submitted by the assessee wherein, the assessee submitted that there are certain mistakes in Form No. 3 issued by Ld PCIT, Delhi-4 dated 25.02.2021, therefore, the assessee requested the ld PCIT to rectify the impugned mistake apparent from Form No.

3.

However, the assessee requested the coordinate bench to give liberty be given for getting the appeal restored back to its original manner if the final outcome in Form NO. 3 is in any manner prejudicial to the interest of the assessee.

5.

In view of this the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 29/09/2021. - - (SUCHITRA KAMBLE) ACCOUNTANT MEMBER Dated: 29/09/2021 A K Keot

Recent GST High Court judgments

Search GST case law →