GENERAL MOTORS OVERSEAS CORPORATION, MUMBAI V. DDIT (IT) 3(1), MUMBAI

ITA 3296/MUM/2011

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0290 (ITAT-MUMBAI)
• Duration Of Justice: 9 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2004-2005
• Appeal Filed On: 26-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SS IYENGAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI , .#$% ,( BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER. . 3296 / / 2011 (. .2004-05 ) ITA NO. 3296/MUM/2011 (A.Y.2004-05) M/S. GENERAL MOTORS OVERSEAS CORPORATION, C/O. GENERAL MOTORS INDIA LTD., PLOT NO.15, INSTITUTIONAL AREA, SECTOR 32, GURGAON 122 001 HARYANA. PAN: AAACG7603A / VS. : / APPELLANT DEPUTY DIRECTOR OF INCOME TAX (INTERNATION AL TAXATION) 3(1), MUMBAI. : / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI S.S.IYENGAR / DATE OF HEARING : 25/02/2021 / DATE OF PRONOUNCEMENT : 01/03/2021 / ORDER PER VIKAS AWASTHY, JM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST O RDER OF COMMISSIONER OF INCOME TAX (APPEALS)-10, MUMBAI (IN SHORT THE CIT( A) ) FOR THE ASSESSMENT YEAR 2004- 05 CONFIRMING LEVY OF PENALTY UNDER SECTION 271(1 )(C) OF THE INCOME TAX ACT, 1961( IN SHORT THE ACT). 2. WHEN THIS APPEAL WAS TAKEN UP FOR HEARING NONE H AD APPEARED ON BEHALF OF THE ASSESSEE. SINCE IT IS AN OLD APPEAL AND NONE WAS APPEARING TO REPRESENT THE ASSESSEE IN 2 . 3296 / / 2011 ('. .2004-05 ) ITA NO. 3296/MUM/2011 (A.Y.2004-05) THE PAST AS WELL, THE APPEAL WAS HEARD WITH THE ASS ISTANCE OF LD. DEPARTMENTAL REPRESENTATIVE. AFTER RISING OF THE BENCH A MAIL D ATED 25/02/2021 WAS RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTE D FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND HENCE, WANT TO WITHDR AW THE APPEAL. 3. A PERUSAL OF ABOVE MAIL SHOWS THAT THE ASSESS EES DECLARATION UNDER VSVS FOR THE IMPUGNED ASSESSMENT YEAR HAS BEEN ACCEPTED AND THE DESIGNATED AUTHORITY HAS ISSUED FORM-3. IN VIEW OF ABOVE, THE APPEAL BY ASSESSEE IS DISMISSED AS WITHDRAWN. 4. THE APPEAL BY ASSESSEE IS DISMISSED AS WITHD RAWN. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, T HE 1 ST DAY OF MARCH, 2021. SD/- SD/- (S.RIFAUR RAHMAN) (VIKAS AWASTHY) ( / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, -'/ DATED: 01/03/2021 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. . / THE APPELLANT , 2. /0 / THE RESPONDENT. 3. 10 ( )/ THE CIT(A)- 4. 10 CIT 5. 23 /0' , . . . , / DR, ITAT, MUMBAI 6. 345 $6 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI