M/S. GENPACT INDIA,NEW DELHI vs. DCIT, NEW DELHI

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ITA 148/DEL/2013Status: DisposedITAT Delhi01 September 2021AY 2006-073 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeals as infructuous, allowing the assessee to seek restoration if the dispute is not settled under the scheme. The revenue had no objection to this course of action.

What were the facts?

The assessee filed appeals before the ITAT for assessment years 2006-07, 2007-08, and 2008-09. The assessee later opted to settle the tax arrears under the "Vivad se Vishwas Scheme, 2020".

What were the issues?

The primary issue was the pendency of appeals before the Tribunal when the assessee chose to settle the dispute under a government scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’ : NEW DELHI

Before: SHRI N.K.BILLAIYA & SHRI KULDIP SINGH

For Appellant: Adv. Sh. Pulkit Verma, Adv
For Respondent: Ms. Sunita Singh, CIT(DR)
Hearing: 01.09.2021

PER KULDIP SINGH, JUDICIAL MEMBER :

1.

Appellant, M/s. Genpact India, (hereinafter referred to as ‘the assessee’) by filing the present appeal sought to set aside the impugned order dated 18.10.2012, 16.04.2014 & 30.04.2014 respectively passed by the Commissioner of Income-tax (Appeals)- VIII, New Delhi & CIT(A)-X, New Delhi qua the assessment year 2006-07, 2007-08 & 2008-09 respectively.

Appellant, Additional Commissioner of Income Tax, Circle 12(1), New Delhi (hereinafter referred to as ‘the revenue’) by filing the present appeal sought to set aside the impugned order dated 18.10.2012 & 16.04.2014 respectively passed by the Commissioner of Income Tax (Appeals)-VIII, New Delhi qua the assessment year 2006-07 & 2007-08 respectively.

2.

The Ld. Counsel for the assessee filed an application seeking withdrawal of the appeals on the ground that the assessee has opted to settle the dispute relating to the tax arrears for the assessment years under consideration under the “Vivad se Vishwas Scheme, 2020” and has filed necessary Form 1 & 2 with the Tax Department, which was accepted and processed vide Form 3 issued by the Tax Department.

3.

Keeping in view the aforesaid facts, present appeals are hereby dismissed with liberty to get it restored by the assessee in case dispute is not finally settled as per scheme. The Revenue has also no objection with regard to the aforesaid caveat.

Consequently, the present appeals are dismissed having been become infructuous. Order pronounced in open court on this 1st day of September, 2021 after conclusion of virtual hearing.

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