Assistant Commissioner of Income-tax, Pune V. M/s. Gestamp Automotive India Pvt. Ltd., Pune

ITA 536/PUN/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8947 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 28-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUN E (THROUGH VIRTUAL COURT) BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISHWANETHRA RAVI, JM . / ITA NO.404/PUN/2016 / ASSESSMENT YEAR : 2011-12 GESTAMP AUTOMATIVE INDIA, ....... / APPELLANT PRIVATE LIMITED (GESTAMP INDIA), E1 (PART), CHAKAN, MIDC, PHASE III, VILLAGE NAGHOJE, MHALUNGE, KHARABWADI, PUNE 410501, MAHARASHTRA. PAN : AADCG1520D. / V/S. THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE 9, PUNE. / RESPONDENT . / ITA NO.536/PUN/2016 / ASSESSMENT YEAR : 2011-12 THE ASST.COMMISSIONER OF INCOME TAX, ...... / APPELLANT CIRCLE 9, PUNE. / V/S. GESTAMP AUTOMATIVE INDIA, PRIVATE LIMITED (GESTAMP INDIA), E1 (PART), CHAKAN, MIDC, PHASE III, VILLAGE NAGHOJE, MHALUNGE, KHARABWADI, PUNE 410501, MAHARASHTRA. PAN : AADCG1520D. / RESPONDENT . / ITA NO.494/PUN/2017 / ASSESSMENT YEAR : 2012-13 GESTAMP AUTOMATIVE INDIA, ....... / APPELLANT PRIVATE LIMITED (GESTAMP INDIA), E1 (PART), CHAKAN, MIDC, PHASE III, VILLAGE NAGHOJE, MHALUNGE, KHARABWADI, PUNE 410501, MAHARASHTRA. PAN : AADCG1520D. / V/S. 2 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 9, PUNE. / RESPONDENT . / ITA NO.2966/PUN/2017 / ASSESSMENT YEAR : 2013-14 GESTAMP AUTOMATIVE INDIA, ....... / APPELLANT PRIVATE LIMITED (GESTAMP INDIA), E1 (PART), CHAKAN, MIDC, PHASE III, VILLAGE NAGHOJE, MHALUNGE, KHARABWADI, PUNE 410501, MAHARASHTRA. PAN : AADCG1520D. / V/S. THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE 9, PUNE. / RESPONDENT . / ITA NO.1670/PUN/2018 / ASSESSMENT YEAR : 2014-15 GESTAMP AUTOMATIVE INDIA, ....... / APPELLANT PRIVATE LIMITED (GESTAMP INDIA), E1 (PART), CHAKAN, MIDC, PHASE III, VILLAGE NAGHOJE, MHALUNGE, KHARABWADI, PUNE 410501, MAHARASHTRA. PAN : AADCG1520D. / V/S. THE ASST.COMMISSIONER OF INCOME TAX, CIRCLE 9, PUNE. / RESPONDENT ASSESSEE BY : SHRI RAJENDRA AGIWAL. REVENUE BY : SHRI NAVIN GUPTA. / DATE OF HEARING : 08.01.2021 / DATE OF PRONOUNCEMENT : 08.01.2021 / ORDER ALL THE CAPTIONED APPEALS EXCEPT THE APPEAL FILED BY THE RE VENUE (ITA NO.536/PUN/2016) ARE DIRECTED AGAINST THE DIRECTIONS OF DISPUTE RESOLUTION PANEL (D.R.P.) - 3, MUMBAI PASSED U/S 144C(5) OF THE INCOME TAX ACT, 1961 IN RELATION TO THE ASSESSMENT YEARS 2011-12 TO 2014-15. 3 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 04.01 .2021 SEEKING WITHDRAWAL OF THE APPEALS. THE RELEVANT CONTENTS OF SUCH LETTER READS AS UNDER : IN CONNECTION WITH THE CAPTIONED SUBJECT, THE ABOV E MENTIONED APPEALS ARE FIXED FOR HEARING BEFORE YOUR HONOUR ON 08.01.20201. IN THIS REGARD, WE WOULD LIKE TO SUBMIT BEFORE YOUR HONOURS THAT WE HAVE FILED DECLARATIONS FOR DISPUTE RESOLUTION UNDER THE VSV A CT FOR THE YEARS UNDER CONSIDERATION. IN VIEW OF THE SAME, WE WISH TO WITHDRAW THE APPEAL S FILED BEFORE YOUR HONOURS FOR THE YEARS MENTIONED ABOVE. IN CASE THE OUTCOME OF THE RESOLUTION UNDER THE VSV ACT FAILS TO ATTAIN FINALITY, WE REQUEST YOUR H ONOURS TO GRANT LIBERTY TO IT TO RESTORE THE APPEALS FOR THE AFOREMENTIONED YEARS BE FORE YOUR HONOURS. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRA WAL OF THE APPEALS FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEALS WITH THE LIBERTY TO THE ASSESSEE TO REVIVE THE APPEALS PROCEEDINGS IN THE CASE OF THE PR. COMMISSIONER OF INCOME TAX DECLINING TO ISS UE FORM NO.3 CERTIFICATE UNDER SUB-SECTION (1) OF SECTION 5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR WHATSOEVER REASONS. ACCORDINGLY, THE APPE ALS OF THE ASSESSEE STANDS DISMISSED AS WITHDRAWN. 4. SINCE THE ASSESSEE WITHDREW ITA NO.404/PUN/2016 THE CROSS APPEAL FILED BY THE REVENUE (ITA NO.536/PUN/2016) BECAME INFRUCTUOUS AND HENCE, DISMISSED. 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMIS SED AS WITHDRAWN AND THE APPEAL OF REVENUE IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH DAY OF JANUARY, 2021. SD/- SD/- (S.S. VISHWANETHRA RAVI) (R.S. SYAL) JUDICIAL MEMBER VICE PRESIDENT / PUNE; / DATED : 8 TH JANUARY, 2021. YAMINI 4 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-13, PUNE. 4. THE PR.CIT -5, PUNE. 5. , , C , / DR, ITAT, C BENCH, PUNE. 6. ! / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.