GENERAL ELECTRIC CAPITAL CORPORATION,MUMBAI vs. DDIT (IT) RG 3(1), MUMBAI

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ITA 7032/MUM/2010Status: DisposedITAT Mumbai14 January 2021AY 2004-052 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The Tribunal dismissed the appeals as withdrawn, subject to the assessee's right to seek restoration if the matter is not resolved under the Vivad se Vishwas scheme.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 appeals against an order related to assessment under Section 271BA. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution.

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 271BA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘I’ BENCH, MUMBAI

1.

These appeals filed by the assessee, calls into question the correctness of the order dated 20th July 2010, passed by the Ld. CIT(A)-10, Mumbai in the matter of assessment u/s.271BA of the Income Tax Act, 1961, for the assessment year 2003-04. & 7032/Mum/2010 Assessment Years: 2003-04

Page 2 of 2 2. When these appeals were 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 appeals. 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response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal are protected, in the event of, for some unforeseen reason, the matter being not settled under the Vivad se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In view of the above, we dismiss these appeals as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the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.

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