M/s. GE India Industrial Pvt. Ltd., Gurgaon V. DCIT, New Delhi

ITA 3694/DEL/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1597 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 05-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 115JB; 144C

Judgement Text

ITA 3694/DEL/2015 PAGE | 1 INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH I2: NEW DELHI ] BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 3694/DEL/2015 (ASSESSMENT YEAR : 2006-07) GE INDIA INDUSTRIAL PVT. LTD., BUILDING NO. 7A, 4 TH FLOOR, DLF CYBER CITY, DLF PHASEIII, SECTOR 25-A, GURGAON, HARYANA 122 002. PAN: AAACG4901D VS. DCIT , CIRCLE : 10 (1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SACHIT JOLLY, ADV.; REVENUE BY: SHRI ASHISH KUMAR [CIT] DR; DATE OF HEARING 15 /02/2021 DATE OF PRONOUNCEMENT 15 /02/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE DY. CIT (APPEALS), CIRCLE 10 (1), NEW DELHI, UNDER SECTION 143(3) READ WITH SECTION 144C AND SECTION 254 OF THE INCOME TAX ACT, 1961 (THE ACT) FOR ASSESSMENT YEAR 2006-07, WHEREIN THE RETURN FILED BY THE ASSESSEE UNDER THE NORMAL PROVISIONS OF THE ACT AT RS. NIL AND COMPUTING INCOME UNDER SECTION 115JB OF RS.40,01,84,605/- WAS ASSESSED AT RS. NIL UNDER THE NORMAL PROVISIONS OF THE ACT, BUT UNDER SECTION 115JB ASSESSED AT RS.48,57,35,537/-. . 2. AT THE TIME OF HEARING OF THE APPEAL THE LD. AR SUBMITTED THAT ASSESSEE HAS ALREADY DECLARATION UNDER THE DIRECT TAXES VIVAAD SE VISHWAS ACT, 2020 FOR THE IMPUGNED ASSESSMENT YEAR AND FORM NO. 3 HAS ALREADY BEEN ISSUED WHERE THE AMOUNT OF TAX PAYABLE IS DETERMINED AT RS.16,06,17,431/- IS ITA 3694/DEL/2015 PAGE | 2 DETERMINED AS PER FORM NO. 3 ISSUED ON 08 TH FEBRUARY, 2021. THEREFORE, THE APPEAL MAY BE TREATED AS WITHDRAWN. 3. THE LD. DR ALSO AGREED WITH THE ABOVE CONTENTIONS. 4. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS. WE FIND THAT THE ASSESSEE HAS ALREADY BEEN ISSUED FORM NO. 3 BY THE PR. COMMISSIONER OF INCOME TAX, DELHI4, FOR THE ABOVE IMPUGNED ASSESSMENT YEAR ON 08 TH FEBRUARY, 2021 SETTLING THE ABOVE DISPUTE. THEREFORE, HE APPEAL OF THE ASSESSEE IS AS REQUESTED FOR WITHDRAWAL IS DISMISSED. 5. IN THE RESULT, APPEAL BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/02/2021. SD/- SD/- ( KULDIP SINGH ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 15/02/2021. *MEHTA* COPY FORWARDED TO 1. APPELLANT; 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI ITA 3694/DEL/2015 PAGE | 3 ATE OF DICTATION 15.02.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 15.02.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 15.02.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 15.02.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 15.02.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 15.02.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 15.02.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 15.02.2021 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER