GE Pacific Pte Ltd., Gurgaon V. ACIT, New Delhi

ITA 1317/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1590 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 05-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR PRABHA KANT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI R.K.PANDA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.1317/DEL/2015 (ASSESSMENT YEAR-2011-12) GE PACIFIC PVT. LTD., C/O 6 TH FLOOR, BUILDING 7A, DLF CYBER CITY, PHASE III, GURGAON-122 002 HARYANA. PANAADCG 5406C VS. ASST. DIRECTOR OF INCOME TAX, CIRCLE-1(3) (1), INTERNATIONAL TAXATION, NEW DELHI-110 002. (APPELLANT) (RESPONDENT) APPELLANT BY MR. SACHIT JOLLY, ADV. MRS. DISHA JHAM, ADV. RESPONDENT BY DR. PRABHA KANT, CIT-DR DATE OF HEARING 15.02.2021 DATE OF PRONOUNCEMENT 15.02.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST OR DER DATED 30.12.2014 PASSED BY THE LEARNED ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(3)(1), INTERNATIONAL TAXATION, NEW DEL HI FOR ASSESSMENT YEAR 2011-12. 2 ITA NO.1317/DEL/2015 GE PACIFIC PTE LTD. VS. ACIT 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SUB MITS THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING T O THE TAX ARREARS FOR THE ASSESSMENT YEAR UNDER CONSIDERATION UNDER T HE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IT HAS BEEN STATED THAT THE NECESSARY DECLARATION IN ACCORDANCE WITH SECTION 4 OF THE DIRE CT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED BY THE ASSESSEE. 3.0 CONSIDERING THE AFORESAID SITUATION, TH E CAPTIONED APPEAL IS CONSIGNED TO THE RECORDS AND TREATED AS DISMISS ED. 4.0 HOWEVER, THE AFORESAID IS SUBJECT TO A CAVEAT THAT IN CASE THE DISPUTE RELATING TO TAX ARREARS FOR THE CAPTION ED ASSESSMENT YEAR IS NOT ULTIMATELY RESOLVED IN TERMS OF THE AFO RESTATED ACT, THE APPELLANT (I.E., THE ASSESSEE) SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR REINSTITUTION OF THE APPEAL AND THE TR IBUNAL SHALL CONSIDER SUCH APPLICATION APPROPRIATELY AS PER LAW. THE RESPONDENT (I.E., THE REVENUE) HAS NO OBJECTION WITH REGARD TO THE AFORESAID CAVEAT. 3 ITA NO.1317/DEL/2015 GE PACIFIC PTE LTD. VS. ACIT 5.0 IN VIEW OF THE AFORESAID, THE APPEAL IS CO NSIGNED TO THE RECORDS AND, FOR STATISTICAL PURPOSES, IS TREATED A S DISMISSED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTUAL HEARING ON 15 TH FEBRUARY, 2021. SD/- SD/- (R.K.PANDA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:15/02/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI