ALCATEL LUCENT INDIA LTD.,GURGAON vs. DCIT, NEW DELHI

2006-07 and 2007-08 are filed by assessee being aggrieved by the assessment orders dated 11.08.2010 and 22.09.2011, pursuant to the directions of the Dispute Resolution Panel -I, New Delhi (“Ld. DRP”).

Learned Counsel for the assessee has requested for withdrawal of the appeals filed by assessee and stated that the assessee has opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Scheme, 2020 for the assessment years under consideration.

Learned CIT/DR has no objection.

In view of the above, we accept the request of the assessee for withdrawal of the appeals.

However, the aforesaid is 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 Act, the assessee shall be at liberty to approach the Tribunal for reinstitution of the appeals and the Tribunal shall consider such application appropriately as per law. The Revenue has no objection with regard to the aforesaid caveat.

In appeal of the Revenue, the ld. DR, on the other hand, submits that the standing instructions are that it is only if the assessee makes payment subsequent to the processing of the case under Vivad Se Vishwas Tak Scheme,2020, the Revenue will seek withdrawal of the case. In view of this, we make it clear that in case the dispute relating to tax arrears for the captioned assessment year is not ultimately resolved in terms of the Act or any objection arises in issuance of Form 3 or in assessee making any payment subsequent thereto, the Revenue shall be at liberty to approach the Tribunal for reinstitution of the appeal and the Tribunal shall consider such application appropriately as per law. The assessee too has no objection with regard to the aforesaid caveat.

In view of the aforesaid, the appeals of the assessee and the Revenue are consigned to record and, for statistical purposes, is treated as dismissed.