ALSTOM POWER SYSTEM SA,GURUGRAM V. DCIT, INTL. TAXATION, CIRCLE- 1(1)(1), NEW DELHI

ITA 6404/DEL/2018

AI Insights

The case involves GE Steam Power Systems, formerly known as Alstom Power Systems SA, which appealed against the assessment orders for the assessment years 2015-16 and 2016-17. The appeals were directed against the orders passed under sections 143(3) read with section 144C(13) of the Income Tax Act, 1961. The assessee opted to resolve the disputes through the Vivad se Vishwas Scheme, 2024, a government initiative aimed at reducing litigation in tax matters. The tribunal was informed that the assessee had filed the necessary forms under this scheme, and there had been no rejection of their declaration by the Department. Consequently, both parties agreed to dispose of the appeals under the scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 397975 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Other Referred Cases: M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon'ble Madras High Court
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANJULA JAIN
• Assessee Lawyers: HARMEET SINGH; CHARTERED ACCOUNTANT
• Section: 143(3)

Judgement Text

" आयकर अपीलीय अिधकरण िदʟी पीठ “डी”, िदʟी ŵी िवकास अव̾थी, Ɋाियक सद˟ एवं ŵी नवीन चंū, लेखाकार सद˟ क े समƗ IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER आअसं.6404/िदʟी/2018(िन.व. 2015-16) ITA No. 6404/DEL/2018 (A.Y.2015-16) आअसं.8966/िदʟी/2019(िन.व. 2016-17) ITA No. 8966/DEL/2019 (A.Y.2016-17) GE Steam Power Systems (Erstwhile Alstom Power Systems SA) C/o 6th Floor, Building No. 7A, Standard Chartered Building, DLF Cyber City, DLF Phase III, Gurgaon, Haryana 122002 PAN: AAJCA-6836-E ...... अपीलाथᱮ/Appellant बनाम Vs. Assistant Commissioner of Income Tax, Central Circle-1(1)(1), International Taxation, E-2 Block, Civic Centre, Minto Road, New Delhi 110002 ..... ᮧितवादी/Respondent Assessee by : Shri Harmeet Singh, Chartered Accountant Department by : Smt. Anjula Jain, CIT(DR) सुनवाई कᳱ ितिथ/ Date of hearing : 02.06.2025 घोषणा कᳱ ितिथ/ Date of pronouncement : : 02.06.2025 आदेश/ORDER PER BENCH, JM: These appeals by the assessee are directed against the assessment orders dated 20.02.2018 & 20.09.2019 passed u/s. 143(3) r.w.s. 144C(13) of the Income 2 ITA No.6404/Del/2018 (AY 2015-16) ITA No. 8966/Del/2019 (AY 2016-17) Tax Act, 1961 (hereinafter referred to as ‘the Act’), for assessment years 2015-16 and 2016-17, respectively. 2. The ld. Counsel for the assessee submits that the assessee has opted to settle the dispute in the appeals under Vivad se Vishwas Scheme, 2024 (in short ‘VSVS’). Form No. 1 has already been filed for both assessment years i.e. AY 2015- 16 and 2016-17 on 26.12.2024. However, till date Form No. 2 has not been received from the Department. He placed on record copy of Form No. 1 filed by the assessee for AY 2015-16 and 2016-17. Further, the assessee’s declaration under VSVS has not been rejected by the Department till date. 3. The ld. DR raise no objection in case the assessee’s appeals are disposed of under VSVS. 4. In light of the statement made by ld. Counsel for the assessee, the appeals are dismissed as withdrawn. 5. Liberty is granted to the assessee to revive appeal(s) in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]. 3 ITA No.6404/Del/2018 (AY 2015-16) ITA No. 8966/Del/2019 (AY 2016-17) 6. In the result, appeals of the assessee are dismissed as withdrawn. Order pronounced in the open court on Monday the 02nd day of June 2025. Sd/- Sd/- (NAVEEN CHANDRA) (VIKAS AWASTHY) लेखाकार सद᭭य/ACCOUNTANT MEMBER ᭠याियक सद᭭य/JUDICIAL MEMBER िदʟी/Delhi, ᳰदनांक/Dated 02/06/2025 NV/- ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. The PCIT/CIT(A) 4. िवभागीय ᮧितिनिध, आय.अपी.अिध., िदʟी /DR, ITAT, िदʟी 5. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, DELHI "