GENERAL ELECTRIC INTERNATIONAL INC.,MUMBAI vs. DCIT (IT) 2(3)(2), MUMBAI

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ITA 3062/MUM/2015Status: DisposedITAT Mumbai09 February 2021AY 2006-072 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The Tribunal dismissed the appeal as withdrawn, subject to the assessee's right to seek restoration if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed an appeal against an order related to assessment for AY 2006-07. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution under the scheme.

What were the issues?

The primary issue was the pendency of the appeal due to the assessee opting for the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 144C(3),Section 147,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI “I” BENCH, MUMBAI

[Coram: Pramod Kumar (Vice President) and Vikas Awasthy, Judicial Member] Assessment Year: 2006-07 General Electric International Inc. ………………….……Appellant C/o. SRBC & Associates, 14th Floor, The Ruby, 29, Senapati Bapat Marg, Dadar (W), Mumbai-400 028 [PAN: AAACG 1705 D] Vs Dy. CIT (International Taxation)-2(3)(2) ……………..…........Respondent Mumbai Appearances by Ameya Pant & Mrunal Parikh for the appellant Sanjay Singh for the respondent Date of concluding the hearing : February 04, 2021 Date of pronouncement : February 09, 2021 O R D E R Per Pramod Kumar, VP : This appeal filed by the assessee, calls into question the correctness of the order dated 16.03.2015, passed by the Pr. CIT(A) (OSD)-56, Mumbai in the matter of assessment u/s. 144C(3) r.w.s. 147 and 143(3) of the Income Tax Act, 1961, for the assessment year 2006- 07.

2.

When this appeal was called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal are Assessment Year: 2006-07 Page 2 of 3 protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to the rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

5.

In the result, the appeal is dismissed as withdrawn – subject to the observation above. Pronounced in the open court today on the 09th February, 2021.

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