BOEHRINGER INGELHEIM INDIA P.LTD, MUMBAI V. ITO RG 14(1)(1), MUMBAI

ITA 1593/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5195 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 07-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: VALLABH GOKHALE
• Section: 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI VIKAS AWASTH Y , JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT (TP) A NO. 1593/MUM./2017 ( ASSESSMENT YEAR : 20 11 12 ) BOEHRINGER INGELHEIM INDIA P. LTD. 1102, 11 TH FLOOR, HALL MARK BUSINESS PLAZA, GURUNANAK HOSPITAL ROAD NEAR GURUNANAK HOSPITAL BANDRA (E), MUMBAI 400 051 PAN AACCB2979C . APPELLANT V/S INCOME TAX OFFICER RANG E 14 ( 1 ) (1) , MUMBAI . RESPONDENT ASSESSEE BY : SHRI VALLABH GOKHALE REVENUE BY : SHRI SUSHIL KUMAR MISHRA A/W SHRI SUNIL DESHPANDE DATE OF HEARING 2 0 .0 4 .202 1 DATE OF ORDER 20.04.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HA S BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATE D 1 ST DECEMBER 2016, PASSED UNDER SECTION 144C OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) IN PURSUANCE TO THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL 1, MUMBAI, ( THE DRP ) PERTAINING TO THE ASSESSMENT YEAR 2011 12 . 2 BOEHRINGER INGELHEIM INDIA P. LTD. 2. AS IT APPEARS FROM THE RECORD AVA ILABLE BEFORE US, T HE ASSESSEE HAS FILED A LETTER DATED 2 1 ST JANUARY 2021, SEEKING WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM NO.1 AND 2 AS WELL FORM 3 ISSUED BY THE REVENUE. THE AFORESAID LETTER ALONG FORM NO. 3 , ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL S , AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL S AT THIS STAGE S INCE THE DEPARTMENT ISSUED FORM NO.3 . WITH THE SE OBSERVATIONS, THE APPEAL BY THE ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 20.04.2021 SD/ - VIKAS AWASTHY JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 20.04.2021 3 BOEHRINGER INGELHEIM INDIA P. LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI