CGG SERVICES INDIA P.LTD,NAVI MUMBAI vs. DCIT (OSD) 10(3), MUMBAI

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ITA 4728/MUM/2016Status: DisposedITAT Mumbai04 December 2020AY 2010-113 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The tribunal dismissed the appeal as withdrawn, allowing the assessee to revive it if the Vivad-se-Vishwas Scheme resolution fails. This was done with the consent of both parties.

What were the facts?

The assessee, CGG Services India Private Limited, filed an appeal for the assessment year 2010-11. The assessee informed the tribunal that they were in the process of filing an application under the Vivad-se-Vishwas Scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad-se-Vishwas Scheme, with a provision for revival.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “K” MUMBAI

Before: SHRI AMARJIT SINGH & SHRI N.K. PRADHAN

For Appellant: Mr. Pratik Poddar, AR
For Respondent: Mr. Anand Mohan, CIT-DR &, Mr. Sushil Kr. Mishra, DR
Hearing: 03/12/2020Pronounced: 04/12/2020

ORDER PER N.K. PRADHAN, A.M.

This is an appeal filed by the assessee. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-55, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 144C(13) the Income Tax Act 1961, (the ‘Act’).

2 CGG Services India Private Ltd.

2.

The Ld. counsel for the appellant/assessee submits that they are in the process of filing an application for opting for the Vivad-se- Vishwas Scheme.

It is further submitted by him 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response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal is protected, in the event of, some unfortunate reason, the matter being not settled under the above Scheme.

The Ld. DR does not express any objection to the above.

3.

We have heard the rival submissions and perused the relevant materials on record. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or Before the High Court or Before the Supreme Court of India.

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 above Scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

3 CGG Services India Private Ltd.

4.

In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 04/12/2020.

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