BP INDIA SERVICES P.LTD, MUMBAI V. ASST CIT ) 8(1), MUMBAI

ITA 2215/MUM/2014

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4618 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2005-2006
• Appeal Filed On: 01-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 6; 271(1)(c); 5(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 2215/MUM/2014 (ASSESSMENT YEAR: 2005-06) BP India Services Private Limited, Technopolis Knowledge Park, Mahakali Caves Road, Chakala, Andheri (East), Mumbai - 400093 [PAN: AACCB2030Q] Joint Commissioner of Income Tax (OSD), 8(1), Mumbai, Aaykar Bhavan, Mumbai - 400020 .................. Vs .................. Appellant Respondent Appearances For the Appellant/ Assessee For the Respondent/Department : : Shri Amol Mahajan Shri Samruddhi D Hande Date of conclusion of hearing Date of pronouncement of order : : 20.06.2022 22.06.2022 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Appellant/Assessee has challenged the order, dated 22.01.2014, passed by the Ld. Commissioner of Income Tax (Appeals)-15, Mumbai [hereinafter referred to as ‘the CIT(A)’] in appeal [CIT(A)- 15/Curr.129/13-14], for the Assessment Year 2005-06, whereby the Ld. CIT(A) had dismissed the appeal filed by the Appellant against the penalty order, dated 21.03.2012, passed under section 271(1)(c) of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’]. ITA No. 2215/Mum/2014 Assessment Year: 2005-06 2 2. Ld. Authorised Representative for the Appellant appearing before us submitted that the quantum appeal for the Assessment Year 2005-06 has been settled under the provisions of Direct Tax Vivad Se Vishwas Act, 2020 (hereinafter referred to as ‘the DTVSV Act’). In this regard, the Ld. Authorised Representative for the Appellant placed on record (a) declaration and undertaking in Form 1 wherein disclosure was made about the present appeal pertaining to levy of penalty under Section 271(1)(c) of the Act, (b) certificate in Form 3 issued under Section 5(1) of the DTVSV Act [Acknowledgement No. 999143970040121] and (c) order of full and final settlement of tax arrears under Section 5(2) read with Section 6 of the DTVSV Act in Form 5 [Acknowledgement No. 847851751181121] which clearly provides that, inter alia the Appellant has been granted immunity from imposition of penalty in terms of Section 6 of the DTVSV Act. In view of the aforesaid, the Ld. Authorised Representative for the Appellant requested for the withdrawal of the present appeal. The learned Departmental Representative did not have any objections to the aforesaid request. 3. In view of the above, the present appeal is dismissed as withdrawn. Order pronounced on 22.06.2022. Sd/- Sd- ( B.R. Baskaran) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 22.06.2022 Alindra, PS ITA No. 2215/Mum/2014 Assessment Year: 2005-06 3 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदिकरण, म ुंबई / ITAT, Mumbai