OLIVER WYMAN LTD. (INDIA BRANCH OFFICE),GURGAON vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

PDF · subscribers
ITA 1023/DEL/2017Status: DisposedITAT Delhi02 February 2021AY 2012-133 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The Tribunal dismissed the appeals as withdrawn, subject to the condition that if the dispute is not resolved under the VSV scheme, the assessee can seek reinstitution of the appeals.

What were the facts?

The assessee filed three appeals before the ITAT for AYs 2010-11, 2011-12, and 2012-13. The assessee later opted for the Vivad Se Vishwas (VSV) scheme and filed the necessary declarations.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI

Before: SH. ANIL CHATURVEDI & SH. K. NARASIMHA CHARY

For Appellant: Ms. Sherry Goyal, Adv
For Respondent: Shri Sunil Kumar, CIT-D.R
Hearing: 02/02/2021Pronounced: 02/02/2021

Heard together (3 matters)

ITA No.1023/Del/2017
ITA No.1888/Del/2015
ITA No.1591/Del/2016

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

ORDER PER BENCH : These three appeals filed by the assessee are directed against the order of the Deputy Commissioner of Income Tax (International Taxation), Circle, Gurgaon u/s 144C(5) of the Act pursuant to the direction of Deputy Resolution Panel (DRP) New Delhi order dated 18.10.2016, 11.11.2014 & 28.11.2015 for Assessment Years 2012-13, 2010-11 & 2011-12.

2 2. Before us, assessee has moved an application dated 2nd February 2021 wherein the assessee has stated that it has opted for Vivad Se Vishwas (VSV) 2020 and has filed the declaration (Form-1) and undertaking (Form-2) Scheme and Designated Authority is yet to issue certificate in Form-3.

3.

After considering the submissions made by the AR, we dismiss the appeals of assessee as withdrawn subject to a caveat that in case the dispute relating to tax arrears for the captioned assessment years are not ultimately resolved in terms of the aforesaid 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. With these directions, all the three appeals of the assessee are dismissed as withdrawn.

In the result, all the three appeals of the assessee are 4. dismissed.

More judgments on Section 144C(5)

All 865 judgments and leading authorities on Section 144C(5) →

Recent GST High Court judgments

Search GST case law →