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[Cites 2, Cited by 0]

Income Tax Appellate Tribunal - Mumbai

Baker Hughes Oilfield Services India ... vs Assistant Commissioner Of Income ... on 7 January, 2021

                                                                                              ITA No.4959/Mum/2017-A.Y.2011-12         1
                                                                      Baker Hughes Oilfield Services India P. Ltd Vs. ACIT, 9(2)(1).




                           NIN 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: 2011-12)

         Baker Hughes Oilfield Services             Asst. Commissioner of Income-
         India Pvt. Ltd.                        Vs. tax-9(2)(1), Room No. 204,
         Unit No. 203, 2nd Floor,                   Aaykar Bhavan, 2nd Floor, M.K
         Reliable Tech Park, Survey No. 31,         Road, Mumbai - 400 020.
         Mauje Mouaheeltan, Airoli,
         Navi Mumbai - 400 708.
                                                      PAN No. AADCB1622K

          (Assessee)                                  (Revenue)

                         Assessee by              : Shri Neeraj Aggarwal, A.R
                         Revenue by               : Shri. Sushil Kumar Mishra, D.R

                       Date of Hearing             : 07/01/2021
               Date of pronouncement               : 07 /01/2021


                                                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 of 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 2

Baker Hughes Oilfield Services India P. Ltd Vs. ACIT, 9(2)(1).

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 subject to the observation recorded hereinabove.

Order pronounced in the open court on 07/01/2021.

                 Sd/-                                                 Sd/-
         (S. Rifaur Rahman)                                       (Ravish Sood)
       ACCOUNTANT MEMBER                                       JUDICIAL MEMBER
Mumbai;
Dated:     07.01.2021
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