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

ITA 1697/MUM/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7344 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 03-11-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 11-03-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SINGH
• Assessee Lawyers: AMEYA PANT

Judgement Text

ITA NO. 1697/MUM/2014 ASSESSMENT YEAR: 2009 - 10 PAGE 1 OF 3 INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND SAKTIJIT DEY (JUDICIAL MEMBER)] ITA NO. 1697/MUM/2014 ASSESSMENT YEAR: 2009 - 10 GENERAL ELECTRIC CAPITAL CORPORATION .APPELLANT C/O DUTT MENON DUNMORR SETT, 127, MAKER CHAMBERS III, NARIMAN POINT, MUMBAI 400021 [PAN: AACCG0933H] VS ASSISTANT DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) - 3(1), MUMBAI. ..........RESPONDENT APPEARANCES BY AMEYA PANT FOR THE APPELLANT SANJAY SINGH FOR THE RESPONDENT DATE OF CONCLUDIN G THE HEARING : JANUARY 13, 2021 DA TE O F PRONOUNCEMENT : JANUARY 1 4 , 2021 ORDER PER BENCH: - 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED THE CORRECTNESS OF DRPS ORDER DATED 10.12.2013 IN THE MATTER OF A SSESSMENT 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 DIREC T 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 B ENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE ITA NO. 1697/MUM/2014 ASSESSMENT YEAR: 2009 - 10 PAGE 2 OF 3 APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE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. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 1 4 JANUARY, 2021. S D / - S D / - SAKTIJIT DEY PRAMOD K UMAR ( JUDICIAL MEMBER ) (VICE PRESIDENT) MUMBAI, DATED THE 1 4 DAY OF JANUARY, 2021 N.V, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI ITA NO. 1697/MUM/2014 ASSESSMENT YEAR: 2009 - 10 PAGE 3 OF 3