CGG SERVICES INDIA P.LTD, NAVI MUMBAI V. DCIT (OSD) 10(3), MUMBAI

ITA 4728/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2064 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 14-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSHIL KR MISHRA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI AMARJIT SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4728/MUM/2016 ASSESSMENT YEAR: 2010-11 CGG SERVICES INDIA PRIVATE LIMITED, C WING, 4 TH FLOOR, UNIT 404, RELIABLE TECH PARK, GUT-31, KALWA INDUSTRIAL AREA AIROLI, NAVI MUMBAI-400078. VS. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD)-10(3), AAYAKAR BHAVAN, 4 TH FLOOR, ROOM NO. 517, M K ROAD, MUMBAI-400020. PAN NO. AACC 0256 H APPELLANT RESPONDENT ASSESSEE BY : MR. PRATIK PODDAR, AR REVENUE BY : MR. ANAND MOHAN, CIT-DR & MR. SUSHIL KR. MISHRA, DR DATE OF HEARING : 03/12/2020 DATE OF PRONOUNCEMENT : 04/12/2020 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2010-11. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-55, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 144C(13) THE INCOME TAX ACT 1961, (THE ACT). ITA NO. 4728/MUM/2016 CGG SERVICES INDIA PRIVATE LTD. 2 2. THE LD. COUNSEL FOR THE APPELLANT/ASSESSEE SUBMI TS THAT THEY ARE IN THE PROCESS OF FILING AN APPLICATION FOR OPTING FOR THE VIVAD-SE- VISHWAS SCHEME. IT IS FURTHER SUBMITTED BY HIM THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPON SE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECT ION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REV IVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF, SOME UNFORTUNATE REASON , THE MATTER BEING NOT SETTLED UNDER THE ABOVE SCHEME. THE LD. DR DOES NOT EXPRESS ANY OBJECTION TO THE A BOVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTE D THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PR ESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITH DRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE ABOVE SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO AP PROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. ITA NO. 4728/MUM/2016 CGG SERVICES INDIA PRIVATE LTD. 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 04/12/2020. SD/- SD/- (AMARJIT SINGH) ( N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 04/12/2020. RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI