GENERAL ELECTRIC CAPITAL CORPORATION,MUMBAI vs. ASST DIT (IT) 3(1), MUMBAI

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ITA 1697/MUM/2014Status: DisposedITAT Mumbai14 January 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as withdrawn, with a condition. The assessee can seek restoration of the appeal if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed an appeal challenging the DRP's order for assessment year 2009-10. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme, with provisions for revival.

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, MUMBAI ‘I’ BENCH, MUMBAI

ORDER Per Bench:- 1. By way of this appeal, the assessee appellant has challenged the correctness of DRP’s order dated 10.12.2013 in the matter of assessment under section 144C(5) of the Income Tax Act 1961 for the assessment year 2009-10.

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the suggestion from the Bench, he fairly accepted that he has no objection to the Page 2 of 3 appeal being dismissed as withdrawn as long as his right for revival of the appeal are protected, in the event of, for some unforeseen reason, the matter being not settled under the Vivad se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In view of the above, we dismiss the appeal as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the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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