Continental Emitec Voerwaltungs Gmbh (Earlier Known as ' Emitec Gesells Chaft Fur Emissions Technologie MBH'), Pune V. Deputy Commissioner of Income-tax, (IT),Circle -1, , Pune

ITA 1819/PUN/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5702 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13; 22; 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH , A PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S.S.VISWANETHRA RAVI , J UDICIAL MEMBER . / ITA NO. 181 9 & 1820 / PUN /20 19 / ASSESSMENT YEAR S : 20 1 4 - 15 & 2015 - 16 CONTINENTAL EMITEC VERWALTUNGS GMBH (EARLIER) KNOWN AS EMITEC GESELLSCHAFT FUR EMISSIONSTECHNOLOGIE MBH), C/O. EMITEC EMISSION CONTROL TECH.(I) PVT. LTD., PLOT NO.4, SURVEY NO.275/276/282/2831, VILLAGE MANN, TALUKA MULSHI, PUNE 411 057 PAN : AABCE69 44K VS. DCIT (IT), CIRCLE - 1, PUNE APPELLANT RESPONDENT / ORDER T HESE 2 APPEAL S BY THE ASSESSEE ARISE OUT OF THE SEPARATE ORDER S DATED 30 - 08 - 2019 PASSED BY THE CIT (A) - 13 , PUNE IN RELATION TO THE ASSESSMENT YEAR S 20 1 4 - 15 & 2015 - 16 . 2. BEFORE US, THE ASSES SEE HAS FILED LETTER S DATED 10 - 03 - 2021 SEEKING WI THDRAWAL OF THE APPEAL S . THE RELEVANT CONTENTS OF SUCH LETTER S (EXCEPT THE PARTICULARS) READ S AS UNDER : WE REFER TO THE APPEAL FILED BY THE COMPANY FOR AY 2014 - 15 BEFORE YOUR GOODSELF ON 22 NOVEMBER, 2019 AGAINST THE PENALTY ORDER PASSED BY THE AO ON 31 M ARCH, 2017 AND UPHELD BY THE CIT(A) ON 30 AUGUST, 2019 (COPY OF CASE DETAILS FROM THE PORTAL ATTACHED AS ANNEXURE - 1). ASSESSEE BY SHRI RUSHABH SHAH REVENUE BY SHRI MAHADEVAN A.M. KRISH A NAN DATE OF HEARING 27 - 04 - 2021 DATE OF PRONOUNCEMENT 27 - 0 4 - 2021 ITA NO S . 181 9 & 1820 /PUN/ 20 19 CONTINENTAL EMITEC VERWALTUNGS GMBH 2 IN THIS REGARD, THE COMPANY SUBMITS THAT THE APPELLANT HAS OPTED FOR THE VIVAD SE VISHWAS SCHEME (THE SCHEME) WITH A VIEW TO SETTLE T HE PENDING TAX DISPUTE. IN THIS REGARD, THE COMPANY FILED DECLARATION IN FORM - 1 DATED 29 JANUARY, 2021 TO OPT FOR THE SCHEME ALONG WITH AN UNDERTAKING IN FORM - 2 WAIVING ALL ITS RIGHTS TO ANY CLAIMS FOR THE AFORESAID YEAR AS PER THE PROCEDURE LAID DOWN IN THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 READ WITH THE CORRESPONDING DIRECT TAX VIVAD SE VISHWAS RULES, 2020 (THE RULES). COPY OF FORM 1 AND FORM 2 HAVE BEEN ENCLOSED HEREWITH BEFORE YOUR HONOURS FOR READY REFERENCE AS ANNEXURE - 2. SUBSEQUENTLY, THE CO MPANY IS IN RECEIPT OF CERTIFICATES IN FORM 3 AS PRESCRIBED UNDER THE RULES CONFIRMING THE ACCEPTANCE OF THE FORMS 1 & 2, AND THEREBY DECLARING THE TOTAL TAX PAYABLE BY THE COMPANY UNDER THE SCHEME. COPY OF FORM 3 ISSUED FOR THE AFORESAID YEAR HAS BEEN EN CLOSED AS ANNEXURE 3 FOR YOUR HONOURS REFERENCE. IN LIGHT OF THE ABOVE, THE COMPANY WISHES TO WITHDRAW THE CAPTIONED APPEALS FILED BEFORE YOUR HONOURS AND REQUESTS YOUR PERMISSION FOR THE SAME. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAW AL OF THE APPEAL S FILED BY THE ASSESSEE. AS SUCH, THE ASSESSEE IS PERMITTED TO WITHDRAW THE APPEAL S . 4. IN THE RESULT, THE APPEAL S ARE DISMISSED AS WITHDRAWN. O RDER PRONOUNCED IN THE OPEN COURT ON 27 TH APRIL , 2021 . SD/ - SD/ - ( S.S.VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 27 TH APRIL , 2021 ITA NO S . 181 9 & 1820 /PUN/ 20 19 CONTINENTAL EMITEC VERWALTUNGS GMBH 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT (A) - 13, PUNE 4 . 5. 6. THE P CIT - 5, PUNE DR, ITAT, A BENCH, PUNE / GUARD FILE . / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE DATE 1. DRAFT DICTATED ON 27 - 04 - 2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 27 - 04 - 2021 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6 . KEPT FOR PRONOUNCEMENT ON SR.PS 7. DATE OF UPLOADING ORDER SR.PS 8. FILE SENT TO THE BENCH CLERK SR.PS 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK 10. DATE ON WHICH FILE GOES TO THE A.R. 11. DATE OF DISPATCH OF ORDER.