ADIT, New Delhi V. M/s. GE Capital European Treasury Services Ltd., New Delhi

ITA 5922/DEL/2013

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8154 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 02-05-2017
• Assessment Year: 2002-2003
• Appeal Filed On: 04-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRABHA KANTI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. KULDIP SINGH, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.5921 TO 5924 /DEL/2013 ASSESSMENT YEAR: 2001-02 TO 2004-05 ADIT CIRCLE 1 (2) NEW DELHI VS GE CAPITAL EUROPEAN TREASURY SERVICES LTD. C/O RSM & CO. HABITAT INDIA TOWER-I, 3 RD FLOOR, C- 03, QUTAB INDUSTRIAL AREA NEW DELHI-110016 PAN NO. AACCG5476F (APPELLANT) (RESPONDENT) ITA NO.5732 TO 5735 /DEL/2013 ASSESSMENT YEAR: 2001-02 TO 2004-05 GE CAPITAL EUROPEAN TREASURY SERVICES LTD. 6TH FLOOR, BUILDING 7A, DLF CYBER CITY, PHASE-III GURGAON VS DIT INTL. TAXATION CIRCLE -2 (1) NEW DELHI (APPELLANT) (RESPONDENT) REVENUE BY SH. PRABHA KANTI, CIT DR ASSESSEE BY SH. SACHIT JOLLY, ADVOCATE DATE OF HEARING: 11/01/2021 DATE OF PRONOUNCEMENT: 11/01/2021 2 ORDER PER N. K. BILLAIYA, AM: ITA NO.5732/DEL/2013 AND 5921/DEL/2013, 5733/DEL/2013 AND 5922/DEL/2013, 5734/DEL/2013 AND 5923/DEL/2013, 5735/DEL/2013 AND 5924/DEL/2013 ARE CROSS APPEALS BY THE ASSESSEE AND THE REVENUE PREFERRED A GAINST THE ORDERS FOR A.Y.2001-02 TO 2004-05 RESPECTIVELY. 2. AT THE VERY OUTSET THE COUNSEL FOR THE ASSESSEE STATED THAT THE APPELLANT HAS FILED DECLARATIONS UNDER VIVAAD S E VISHWAS SCHEME, 2020 TO SETTLE THE DISPUTE. THE COUNSEL STA TED THAT RELEVANT FORMS HAVE ALREADY BEEN FILED. 3. ON SUCH STATEMENT ALL THESE APPEALS ARE DISMISSE D AS WITHDRAWN. HOWEVER, LIBERTY IS GIVEN TO THE APPELLA NTS TO APPROACH THE TRIBUNAL FOR THE REVIVAL OF THE APPEAL S IF FOR SOME TECHNICAL REASON THE DISPUTE COULD NOT BE SETTLED U NDER THE VIVAAD SE VISHWAS SCHEME, 2020. 4. ON SUCH CONCESSION ALL THE APPEALS ARE DISMISSED . 5. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRES ENCE OF BOTH THE REPRESENTATIVES ON 11.01.2021. SD/- SD/- (KULDIP SINGH) (N . K. BILLAIYA) JUDICIAL MEMBER ACCOU NTANT MEMBER *NEHA* DATE:- 11.01.2021 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI DATE OF DICTATION 11.01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 11.01.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 11.01.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 11.01.2021 DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 11.01.2021 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 11.01.2021 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 11.01.2021 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER