BAKER HUGHES OILFIELD SERVICES INDIA PRIVATE LIMITED , MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX-9(2)(1), MUMBAI

ITA 4959/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8782 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 18-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NEERAJ AGGARWAL
• Section: 143(3)

Judgement Text

ITA NO. 4959/MUM/2017 - A.Y. 2011 - 12 BAKER HUGHES OILFIELD SERVICES INDIA P. LTD VS. ACIT, 9(2)( 1). 1 N IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 4959 /MUM/2017 (ASSESSMENT YEAR: 20 11 - 12 ) BAKER HUGHES OILFIELD SERVICES INDIA PVT. LTD. UNIT NO. 203, 2 ND FLOOR, RELIABLE TECH PARK, SURVEY NO. 31, MAUJE MOUAHEELTAN, AIROLI, NAVI MUMBAI 400 708. VS. ASST. COMMISSIONER OF INCOME - TAX - 9(2)(1), ROOM NO. 204, AAYKAR BHAVAN, 2 ND FLOOR, M.K ROAD, MUMBAI 400 020. PAN NO. AADCB1622K (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI NEERAJ AGGARWAL, A.R REVENUE BY : SHRI. SUSHIL KUMAR MISHRA , D.R DATE OF HEARING : 0 7 / 0 1 /202 1 DATE OF PRONOUNCEMENT : 07 / 01 / 202 1 ORDER PER RAVISH SOOD, J.M : THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 55, MUMBAI DATED 28.02.2017, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED U/ S 143(3) R.W.S 144C(3)(B) OF THE INCOME - TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2011 - 12. 2. WHEN THIS APPEAL WAS CALLED FOR HEARING, THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R ) FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD FILED THE NECESSARY DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 O F 2020) AND IS AWAITING FOR A FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. IT WAS SUBMITTED BY THE LD. A.R THAT UPON COMPLETION OF THE NECESSARY FORMALITIES THE ASSESSEE WILL WITHDRAW THE APPEAL. IN RESPONSE TO A SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT, IF FOR SOME UNFORESEEN REASON THE MATTER IS NOT SETTLED UNDER THE VIVAD E VISHWAS SCHEME. 3. THE LD. D.R ALSO DID NOT OBJECT TO THE COURSE SO SUGGESTED. ITA NO. 4959/MUM/2017 - A.Y. 2011 - 12 BAKER HUGHES OILFIELD SERVICES INDIA P. LTD VS. ACIT, 9(2)( 1). 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE 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. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN S UBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 07 /01/2021. SD/ - SD/ - ( S. RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 07 . 01 .202 1 ROHIT, 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI