Deputy Commissioner of Income-tax, Circle - 1(2), Pune V. Fresenius Kabi India Private Limited, Pune

ITA 2619/PUN/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0310 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 13-11-2017
• Court: TRIBUNAL

Judgement Text

LH IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, PUNE (THROUGH VIRTUAL COURT) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM . / ITA NO.2619/PUN/2017 / ASSESSMENT YEAR : 2012-13 DCIT, CIRCLE-1(2), PUNE. ....... / APPELLANT / V/S. FRESENIUS KABI INDIA PVT. LTD., A-3, MIDC, RANJANGAON GANPATI, TAL. SHIRUR, PUNE-412220. PAN : AAACF2614E / RESPONDENT . / ITA NO.111/PUN/2018 / ASSESSMENT YEAR : 2013-14 FRESENIUS KABI INDIA PVT. LTD., A-3, MIDC, RANJANGAON GANPATI, TAL. SHIRUR, PUNE-412220. PAN : AAACF2614E ....... / APPELLANT / V/S. DCIT, CIRCLE-1(2), PUNE. / RESPONDENT REVENUE BY : SHRI SANGRAM GAIKWAD ASSESSEE BY : SHRI KETAN VED / DATE OF HEARING : 09.03.2021 / DATE OF PRONOUNCEMENT : 09.03.2021 / ORDER THERE ARE TWO CROSS APPEALS UNDER CONSIDERATION. THE APPEAL IN ITA NO.2619/PUN/2017 IS FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-13, PUNE (CIT(A) FOR SHORT) DATED 02.08.2017 FOR THE ASSESSMENT YEAR 2012-13. THE CROSS APPEAL IN ITA 2 NO.111/PUN/2018 IS FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDER OF LD. DISPUTE RESOLUTION PANEL, MUMBAI (DRP) DATED 26.09.2017 FOR THE ASSESSMENT YEAR 2013-14. 2. WHEN THE MATTER HAD COME UP FOR HEARING TODAY, THE APPELLANT FILED LETTERS SEEKING PERMISSION TO WITHDRAW THE ABOVE CAPTIONED CROSS APPEALS ON THE GROUND THAT THE ISSUES INVOLVED IN THE CROSS APPEALS STAND SETTLED UNDER THE VIVAD SE VISHWAS SCHEME, 2020. THE APPELLANT ALSO FILED COPY OF FORM NO.3 ISSUED BY THE PR. COMMISSIONER OF INCOME TAX, PUNE-1. 3. ON THE OTHER HAND, THE LD. DEPARTMENT REPRESENTATIVE HAD EXPRESSED NO OBJECTION TO PERMIT THE WITHDRAWAL OF THE APPEAL OF THE ASSESSEE AS WELL AS THE APPEAL FILED BY THE REVENUE. 4. IN THE CIRCUMSTANCES, WE HEREBY GRANT PERMISSION TO THE APPELLANT TO WITHDRAW THE CROSS APPEALS. ACCORDINGLY, THE ABOVE CAPTIONED CROSS APPEALS STAND DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE ABOVE CAPTIONED CROSS APPEALS FILED BY THE REVENUE AS WELL AS THE ASSESSEE ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 TH DAY OF MARCH, 2021. SD/- SD/- (PARTHA SARATHI CHAUDHURY) (INTURI RAMA RAO) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / PUNE; / DATED : 09 TH MARCH, 2021. SUJEET 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(A)-13, PUNE. 4. THE PR. CIT-1, PUNE. 5. , , LH , / DR, ITAT, C BENCH, PUNE. 6. / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE.