ZF India Private Limited, Pune V. Deputy Commissioner of Income -tax,

ITA 2612/PUN/2016

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4191 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-04-2021
• Assessment Year: 2011-2012
• Appeal Filed On: 17-11-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARISE OUT OF
• Assessee Lawyers: AND OTHER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, C PUNE VIRTUAL COURT BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.2612/PUN/2016 / ASSESSMENT YEARS : 2011-12 ZF INDIA PRIVATE LIMITED, B-38, MIDC, CHAKAN INDUSTRIAL AREA, PHASE-II, VASULI, TAL. KHED, PUNE 410501 PAN : AAACZ3052C VS. DCIT, CIRCLE-12, PUNE APPELLANT RESPONDENT . / ITA NO.2723/PUN/2016 / ASSESSMENT YEARS : 2011-12 ACIT, CIRCLE-12, PUNE VS. ZF INDIA PRIVATE LIMITED, B-38, MIDC, CHAKAN INDUSTRIAL AREA, PHASE-II, VASULI, TAL. KHED, PUNE 410501 PAN : AAACZ3052C APPELLANT RESPONDENT / ORDER THESE TWO CROSS APPEALS - ONE BY THE ASSESSEE AND THE OTHER BY THE REVENUE ARISE OUT OF THE ORDER DATED 24-08-2016 PASS ED BY THE CIT(A)-13, PUNE IN RELATION TO THE ASSESSMENT YEAR 2011-1 2. ASSESSEE BY SHRI GAJANAN MOLANE REVENUE BY SHRI A.M. MAHADEVAN KRISHNAN DATE OF HEARING 01-06-2021 DATE OF PRONOUNCEMENT 01-06-2021 ITA NOS.2612 & 2723/PUN/2016 ZF INDIA PRIVATE LIMITED 2 2. BEFORE US, THE ASSESSEE HAS FILED A LETTER DATED 23-03-2021 SEEKING WITHDRAWAL OF THE APPEALS. THE RELEVAN T CONTENTS OF SUCH LETTER READS AS UNDER: WE REFER TO THE APPEAL FILED BY THE COMPANY ITA 26 12/PUN/2016 IN FORM 36 ON 17 NOVEMBER, 2016 AND APPEAL FILED BY TH E DEPARTMENT ITA 2723/PUN/2016 IN FORM 36 ON 02 DECEMBER, 2016. COPY OF THE ACKNOWLEDGEMENT IS ENCLOSED AS ANNEXURE 1 FOR YOUR HONOURS REFERENCE. IN THIS REGARD, IT IS HUMBLY SUBMITTED THAT WITH A VIEW TO SETTLE THE PENDING TAX DISPUTE FOR AY 2011-12 THE APPELLANT HA D FILED FOR THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE VSV ACT ) ON 25 DECEMBER, 2020, A DECLARATION IN FORM 1 TO OPT FOR THE SCHEME AND FURTHER AN UNDERTAKING IN FORM-2 WAIVING ALL ITS RI GHTS TO ANY CLAIMS AS PER THE PROVISIONS OF SECTION 4(1) AND SECTION 4(5) OF THE VSV ACT. COPY OF FORM 1 AND FORM 2 HAVE BEEN ENCLOSED HEREWITH FO R YOUR HONOURS REFERENCE AS ANNEXURE 2. SUBSEQUENTLY, THE DESIGNATED AUTHORITY UNDER THE VS V ACT ISSUED A CERTIFICATE (NUMBER 253077860310121) DATED 31 ST JANUARY, 2021 UNDER FORM 3 AS PER THE PROVISIONS OF SECTION 5(1) THE VS V ACT CONFIRMING THE ACCEPTANCE OF THE FORMS 1 & 2 FILED BY THE APPELLAN T. COPY OF THE FORM 3 ISSUED HAS BEEN ENCLOSED AS ANNEXURE 3 FOR Y OUR HONOURS REFERENCE. IN LIGHT OF THE ABOVE, THE APPELLANT WISHES TO WITH DRAW THE CAPTIONED APPEALS (ITA 2612/PUN/2016 AND ITA 2723/PUN/2016) F ILED BEFORE YOUR HONOURS FOR AY 2011-12 AND REQUESTS YOUR HONOU RS PERMISSION FOR THE SAME WITH A LIBERTY TO REVIVE IT AGAIN IN A CCORDANCE WITH THE PROVISIONS OF SECTION 4(6) OF THE VSV ACT, IN CASE THE DECLARATION MADE UNDER THE ABOVE MENTIONED PROVISIONS OF THE VSV ACT IS REJECTED OR WITHDRAWN OR CANCELLED. WE HOPE YOUR HONOUR WOULD ACCEDE TO OUR REQUEST AND OBLIGE. 3. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE WITHDRAWAL OF THE APPEALS FILED BY THE ASSESSEE AND THE REVENUE. AS SUC H, THE BENCH PERMITS FOR WITHDRAWAL OF THE APPEALS. HOWEVER, THE REV ENUE IS AT ITA NOS.2612 & 2723/PUN/2016 ZF INDIA PRIVATE LIMITED 3 LIBERTY TO REVIVE THE APPEAL PROCEEDINGS IN THE EVENT OF THE PR . COMMISSIONER OF INCOME TAX DECLINES TO ISSUE REQUISITE CERTIF ICATES PRESCRIBED UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 20 20 FOR WHATSOEVER REASONS OR FOR ANY OTHER BONA FIDE REASONS. 4. IN THE RESULT, THE APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 01 ST JUNE, 2021. SD/- SD/- (S.S.VISWANETHRA RAVI) (R. S.SYAL) JUDICIAL MEMBER VIC E PRESIDENT PUNE; DATED : 01 ST JUNE, 2021 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-13, PUNE 4. 5. 6. THE PCIT-5, PUNE DR, ITAT, C BENCH, PUNE / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE ITA NOS.2612 & 2723/PUN/2016 ZF INDIA PRIVATE LIMITED 4 DATE 1. DRAFT DICTATED ON 01-06-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 01-06-2021 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. *