M/s. Genpact India, New Delhi V. DCIT, New Delhi

ITA 148/DEL/2013

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7189 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-06-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 08-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C : NEW DELHI) (THROUGH VIDEO CONFERENCING) BEFORE SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO. 148/DEL./2013, A.Y. : 2006-07 M/S. GENPACK INDIA VS . DCIT, DELHI INFORMATION TECHNOLOGY CIRCLE-12(1) PARK, SHASTRI PARK, NEW DEL HI NEW DELHI-110053 (PAN : AAACG9163H) ITA NO. 253/DEL./2013, A.Y. : 2006-07 ITA NO. 3988/DEL./2014, A.Y. : 2007 -08 ACIT VS. M/S. GENPACK INDIA CIRCLE -12(1) (FORMERLY KNOWN AS GE NEW DELHI CAPITAL INTERNATIONAL SERVICES ), DLF CITY, PHASE-V, SECTOR-53 GURGAON (PAN : AAACG9163H) ITA NO. 3697/DEL./2014, A.Y. : 2007-08 ITA NO. 3698/DEL./2014, A.Y. : 2008-09 M/S. GENPACK INDIA VS . ACIT, (FORMERLY KNOWN AS GE CAPITAL INTERNATIONAL SERVICES ), CIRCLE-12(1) GENPACT TOWER, SECTOR ROAD SECTOR 53, PHASE V NEW D ELHI GURGAON (PAN : AAACG9163H) (APPELLANT) (RESPON DENT) ITA NO.148 & ORS 2 ASSESSEE BY : SH. TARAN DIP SINGH, ADV. SH. PULKIT VERMA, ADV. REVENUE BY : MS. SUNITA SINGH, CIT(DR) DATE OF HEARING : 01.09.2021 DATE OF ORDER : 01.09.2021 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : APPELLANT, M/S. GENPACT INDIA, (HEREINAFTER REFER RED TO AS THE ASSESSEE) BY FILING THE PRESENT APPEAL SOUGH T TO SET ASIDE THE IMPUGNED ORDER DATED 18.10.2012, 16.04.2014 & 30.04 .2014 RESPECTIVELY PASSED BY THE COMMISSIONER OF INCOME-T AX (APPEALS)- VIII, NEW DELHI & CIT(A)-X, NEW DELHI QUA THE ASSES SMENT YEAR 2006-07, 2007-08 & 2008-09 RESPECTIVELY. APPELLANT, ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE 12(1), NEW DELHI (HEREINAFTER REFERRED TO AS THE R EVENUE) BY FILING THE PRESENT APPEAL SOUGHT TO SET ASIDE THE IMPUGNED ORDER DATED 18.10.2012 & 16.04.2014 RESPECTIVELY PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-VIII, NEW DELHI QUA THE ASS ESSMENT YEAR 2006-07 & 2007-08 RESPECTIVELY. 2. THE LD. COUNSEL FOR THE ASSESSEE FILED AN APPLIC ATION SEEKING WITHDRAWAL OF THE APPEALS ON THE GROUND THA T THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSMENT YEARS UNDER CONSIDERATION UNDER THE VIV AD SE VISHWAS ITA NO.148 & ORS 3 SCHEME, 2020 AND HAS FILED NECESSARY FORM 1 & 2 WI TH THE TAX DEPARTMENT, WHICH WAS ACCEPTED AND PROCESSED VIDE F ORM 3 ISSUED BY THE TAX DEPARTMENT. 3. KEEPING IN VIEW THE AFORESAID FACTS, PRESENT APP EALS ARE HEREBY DISMISSED WITH LIBERTY TO GET IT RESTORED BY THE ASSESSEE IN CASE DISPUTE IS NOT FINALLY SETTLED AS PER SCHEME. THE REVENUE HAS ALSO NO OBJECTION WITH REGARD TO THE AFORESAID CAVE AT. CONSEQUENTLY, THE PRESENT APPEALS ARE DISMISSED HAV ING BEEN BECOME INFRUCTUOUS. ORDER PRONOUNCED IN OPEN COURT ON THIS 1 ST DAY OF SEPTEMBER, 2021 AFTER CONCLUSION OF VIRTUAL HEARING. SD/- SD/- (N.K.BILLAIYA) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 1 ST DAY OF SEPTEMBER, 2021 BINITA COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-VIII, NEW DELHI. 5.CIT(A)-X, NEW DELHI 6.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI