M/S GENERAL MOTORS TECHNICAL CENTRE INDIA PRIVATE LIMITED ,BANGALORE V. JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-3 , BANGALORE

ITA 3345/BANG/2018

AI Insights

The case involves General Motors Technical Centre India Pvt. Ltd., the appellant, contesting an assessment order passed by the Joint Commissioner of Income Tax, Special Range 3, Bengaluru, for the assessment year 2014-15. The appellant sought to reschedule the hearing due to their participation in the DTVSVS, aiming to resolve disputes under this scheme. The respondent acknowledged ongoing litigation related to the issue of limitation, referencing decisions pending before the Supreme Court. Both parties agreed to the dismissal of the appeal as withdrawn, with a provision to revive it if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 25250 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Other Referred Cases: Shelf Drilling J T Angel Ltd. & Ors., ROCA Bathroom Products (P) Ltd.
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: YISHU GOEL
• Keywords: Competent authority
• Section: 143(3); 92CA

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER ITA No.3345/Bang/2018 Assessment year : 2014-15 General Motors Technical Centre India Pvt. Ltd., 3rd Floor, Creator Building, International Tech Park, Whitefield Road, Bengaluru – 560 066. PAN: AADCB 7663C Vs. The Joint Commissioner of Income Tax, Special Range 3, Bengaluru. APPELLANT RESPONDENT Appellant by : Shri Yishu Goel, AR Respondent by : Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru. Date of hearing : 27.02.2025 Date of Pronouncement : 17.03.2025 O R D E R Per Laxmi Prasad Sahu, Accountant Member This appeal is filed the assessee is arising out of the final assessment order passed by the AO u/s. 143(3) r.w.s. 92CA of the Income-tax Act, 1961 [the Act] dated 29.10.2018 for the assessment year 2014-15. 2. The ld. AR for the assessee submitted a letter dated 27.2.2025 along with Annexure which is the letter of request for rescheduling of ITA No.3345/Bang/2018 Page 2 of 3 hearing at a later date since the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (DTVSVS) and filed Form No.1 dated 30.1.2025 for the impugned AY 2014-15 (copy filed on record) and Form 2 is awaited from the competent authority. In view of the above, the assessee seeks rescheduling of the hearing. 3. On the other hand the ld. CIT(DR) has filed written submission dated 26.2.2025 stating that the assessee has raised issue of limitation quoting the decision in the case of Shelf Drilling J T Angel Ltd. & Ors. And ROCA Bathroom Products (P) Ltd. and the matters are pending before the Hon’ble Supreme Court in the above cases. It was further submitted that the Hon’ble Supreme Court has directed that the case of Shelf Drilling J T Angel Ltd. & Ors. Cannot be cited as a precedent. It is further stated that until the Hon’ble Supreme Court decides the above matters and in order to avoid repeated litigation, the appeal may be adjourned. 4. We have considered the rival submissions and perused the material on record. We note that the assessee has opted for DTVSV and filed Form No.1 of 30.1.2025 and Form 2 is awaited from the designated authority. Both the parties had no objection to dismissal of the appeal as withdrawn by the assessee in view of the assessee opting for DTVSVS, with liberty to revival of the appeal in case the dispute is not settled under DTVSVS. Accordingly, the appeal filed by the assessee is dismissed as withdrawn. The assessee is at liberty to revive this appeal if the dispute is not settled under the DTVSVS. ITA No.3345/Bang/2018 Page 3 of 3 5. In the result, the appeal of the assessee is dismissed as withdrawn as above. Pronounced in the open court on this 17th day of March, 2025. Sd/- Sd/- ( KESHAV DUBEY ) ( LAXMI PRASAD SAHU ) JUDICIAL MEMBER ACCOUNTANT MEMBER Bangalore, Dated, the 17th March, 2025. /Desai S Murthy / Copy to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order Assistant Registrar ITAT, Bangalore. "