GE Packaged Power Inc., Gurgaon V. DCIT (International Taxation), Circle-1(3)(1), New Delhi

ITA 5576/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7939 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 26-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M BARANWAL
• Assessee Lawyers: DISHA JHAM; MEHAK SACHDEVA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NOS. 7790 TO 7793/DEL/2019 & 7795 TO 7797/DEL/2019 ASSESSMENT YEARS : 2001-02 TO 2004-05 & 2006-07 TO 2008-09 M/S NUOVO PIGNONE INTERNATIONAL SRL (FORMERLY KNOWN AS NUOVO PIGNONE SPA) C/O 6 TH FLOOR, BUILDING, 7A, STANDARD CHARTERED BUILDING, DLF CYBER CITY, PHASE-III, GURGAON, HARYANA 122002 (PAN: AABCG3212A) VS. JT. CIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), NEW DELHI (APPELLANT) (RESPONDENT) AND ITA NOS. 63, 5572, 5573, 5574, 5575 & 5576/DEL/2019 A.YRS. : 2015-16, 2002-03, 2003-04, 2005-06 TO 2007 -08 M/S GE PACKAGED POWER INC. C/O 6 TH FLOOR, BUILDING, 7A, STANDARD CHARTERED BUILDING, DLF CYBER CITY, PHASE-III, GURGAON, HARYANA 122002 (PAN: AACCG3209J) VS. DY. CIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), CIVIC CENTRE, NEW DELHI (APPELLANT) (RESPONDENT) 2 AND ITA NO. 6476/DEL/2017 ASSESSMENT YEAR : 2014-15 M/S GE JENBACHER GMBH & CO. OHG, C/O 6 TH FLOOR, BUILDING, 7A, STANDARD CHARTERED BUILDING, DLF CYBER CITY, PHASE-III, GURGAON, HARYANA 122002 (PAN: AAIFG2692J) VS. DY. CIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), CIVIC CENTRE, NEW DELHI (APPELLANT) (RESPONDENT) AND ITA NO. 61/DEL/2019 ASSESSMENT YEAR : 2015-16 M/S GE ENERGY PARTS INC., C/O 6 TH FLOOR, BUILDING, 7A, STANDARD CHARTERED BUILDING, DLF CYBER CITY, PHASE-III, GURGAON, HARYANA 122002 (PAN: AACCG2798N) VS. DY. CIT (INTERNATIONAL TAXATION), CIRCLE-1(3)(1), CIVIC CENTRE, NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY : MS. DISHA JHAM, ADV. & MS. MEHAK SACHDEVA, ADV. RESPONDENT BY : SH . M. BARANWAL, SR. DR. DATE OF HEARING : 31.03.2021 DATE OF PRONOUNCEMENT : 31.03.2021 3 ORDER PER G.S. PANNU, VP : THESE APPEALS BY THE SEPARATE ASSESSEES FOR THE C APTIONED ASSESSMENT YEARS ARE DIRECTED AGAINST THE RESPECT IVE ORDERS OF THE LD. ASSESSING OFFICER AS WELL AS LD. CIT(A)-42, N EW DELHI. 2. THE ASSESSEES A.R. VIDE HIS COMMON LETTER DATE D 19.03.2021 HAS REQUESTED FOR WITHDRAWAL OF THE AFORESAID APPEA LS FILED BY THE ASSESSEES AND STATED THAT THE ASSESSEES HAVE OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX ARREARS FOR THE ASSESSM ENT YEARS UNDER CONSIDERATION UNDER THE VIVAD SE VISHWAS SCHEME, 20 20. A CERTIFICATE TO THIS EFFECT UNDER SECTION 5(1) OF TH E DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS ALSO BEEN FILED IN ALL THE APPEALS. 3. LEARNED SENIOR DR HAS NO OBJECTION. 4. IN VIEW OF THE ABOVE, WE ACCEPT THE REQUEST OF T HE ASSESSEES A.R. FOR WITHDRAWAL OF THE AFORESAID APPEALS. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEES ARE DISMISSED AS WITHDRAWN. ABOVE DECISION WAS PRONOUNCED IN THE PRESENCE OF BO TH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 31 ST MARCH, 2021. SD/- SD/- ( KUL BHARAT ) (G.S. PANNU ) JUDICIAL MEMBER VICE PRESIDENT SRB COPY FORWARDED TO: - 1. APPELLANT . 2. RESPONDENT. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR