AGFA HEALTHCARE NV,MUMBAI V. THE DCIT (INTERNATIONAL TAXATION) -1 (1) (1) , MUMBAI

ITA 1459/MUM/2021

AI Insights

AGFA Healthcare NV filed an appeal against the final assessment order for the assessment year 2014-15, which was passed under sections 143(3), 254, and 144C(13) of the Income-tax Act, 1961. The appeal was in response to the directions given by the Dispute Resolution Panel (DRP). However, the assessee decided to withdraw the appeal as they opted for the 'Vivad Se Vishwas Scheme-2024', a scheme aimed at resolving tax disputes. The assessee submitted a declaration in Form 1 and received a certificate in Form 2 from the designated authority under the scheme. Consequently, the tribunal dismissed the appeal as withdrawn, noting that the withdrawal should not be construed as an acceptance of the additions made by the Assessing Officer.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 26592 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2014-2015
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KRISHNA KUMAR
• Assessee Lawyers: KETAN VED
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, ‘I’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS. PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1459/Mum/2021 (Assessment Year :2014-15) AGFA Healthcare NV Septestraat 27, 2640 Mortsel Belgium C/o. Deloitte Haskins & Sells LLP Tower 3, 27th to 32nd Floor One International Center Senapati Bapat Marg Elphinstone Road (West) Mumbai- 400 013 Vs. The Deputy Commissioner of Income Tax (International Taxation)- 1(1)(1) Room No.528, Air India, Nariman Point Mumbai – 400 021 PAN/GIR No.AAICA8105D (Appellant) .. (Respondent) Assessee by Shri Ketan Ved Revenue by Shri Krishna Kumar, Sr. DR Date of Hearing 13/02/2025 Date of Pronouncement 18/02/2025 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against final assessment order passed u/s.143(3) r.w.s. 254 AND 144C(13) for the A.Y.2014-15 passed in pursuance of directions given by the DRP vide order dated 02/12/2020. ITA No.1459/Mum/2021 AGFA Healthcare NV 2 2. In the aforesaid appeal, ld. Counsel for the assessee has submitted that assessee has opted for settlement of its tax dispute under the ‘Vivad Se Vishwas Scheme-2024’ and has also filed application vide letter dated 11/02/2025 before the authorities. For the sake of ready reference, the letter is reproduced hereunder:- “We refer to captioned appeal filed by the appellant against order dated 3 June 2021 passed under section 143(3) read with sections 254 and 144C(13) of the Income-tax Act, 1961 for assessment year 2014-15 In this regard, the appellant has decided to avail the benefit of settling the appeal under \"The Direct Tax Vivad se Vishwas Scheme, 2024\" The appellant has filed declaration in Form 1 on 30 December 2024 (copy enclosed as Annexure 1). The designated authority has also furnished certificate in Form 2 (copy enclosed as Annexure 2) as per the provisions of \"The Direct Tax Vivad se Vishwas Scheme, 2024\" In view of the above, the appellant wishes to withdraw the captioned appeal. It is submitted that the appeal is withdrawn to reduce the litigation and costs associated therewith. The withdrawal of the appeal shall not in any way be construed as acceptance of the additions on the issues made by the Assessing Officer and shall not have precedence value and therefore, we reserve the right to contest the same issue if raised in any other assessment year Please note that the appellant does not have a managing director and hence, the letter is signed by director of the appellant. We request you to take the above on record and pass an order confirming the withdrawal of the appeal, at the earliest.” ITA No.1459/Mum/2021 AGFA Healthcare NV 3 3. Accordingly, appeal of the assessee is dismissed as withdrawn, however, liberty is given to the assessee in case the application for VSVS does not materialize and is not accepted, assessee may file an application for restoration of the appeal. Accordingly, appeal of the assessee is dismissed in limine. 3. In the result, appeal of the assessee is dismissed. Order pronounced on 18th February, 2025. Sd/- (PADMAVATHY S) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 18/02/2025 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// "