Bekaert Industries Pvt.Ltd, Pune V. Assistant Commissioner of Income-tax, Circle - 1(1), Pune

ITA 2700/PUN/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2576 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-11-2020
• Assessment Year: 2006-2007
• Appeal Filed On: 17-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH C , PUNE VIRTUAL COURT BEFORE SH RI R.S. SYAL, VICE PRESIDENT AND SH RI S.S. VISWANETHRA RAVI , J UDICIAL MEMBER I TA NO S . 2699 TO 2701 /PUN/201 7 / ASSESSMENT YEAR S : 20 05 - 06 TO 2007 - 08 M/S. BEKAERT INDUSTRIES PRIVATE LIMITED 5 TH FLOOR, F CORE, MARVEL EDGE, VIMANNAGAR, PUNE 411014 PAN: AA ACB8571E VS. ACIT, CIRCLE 1(1) , PUNE APPELLANT RESPONDENT / ORDER PER BENCH : TH ESE T HREE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST A CONSOLIDATED ORDER DATED 14 - 08 - 2017 PASSED BY THE COMMISSIONER OF INCOME - TAX (APPEALS) - 13 , PUNE IN RELATION TO THE ASSESSMENT YEARS 2005 - 06, 2006 - 07 AND 2007 - 08 . A SSESSEE BY MS. KIRESH SHIVKAR RE VENUE BY SHRI RAJARSHI DWIVEDY, CIT DATE OF HEARING 2 6 - 1 1 - 2020 DATE OF PRONOUNCEMENT 27 - 1 1 - 2020 ITA NO S . 2699 TO 2701 /PUN/ 20 1 7 BEKAERT INDUSTRIES PVT. LTD. 2 2. BEFO RE US, THE ASSESSEE HAS FILED SEPARATE LETTER S FOR THREE APPEALS, ALL DATED 28 - 10 - 2020 SEEKING PERMISSION TO WITHDRAW THE APPEALS AS IT HA S APPLIED FOR VIVAD SE VISHWAS SCHEME UNDER THE DIRECT TAXES VIVAD SE VISHWAS ACT, 2020. THE RELEVANT CONTENTS OF O NE OF SUCH LETTER S , READ AS UNDER : WE REFER TO THE CAPTIONED APPEAL FILED BY THE COMPANY IN FORM 36 ON 17 NOVEMBER, 2017. COPY OF THE ACKNOWLEDGEMENT IS ENCLOSED AS ANNEXURE 1 FOR YOUR HONOURS REFERENCE. IN THIS REGARD, THE COMPANY SUBMITS THAT FOR AS SESSMENT YEAR (AY') 2005 - 06, THE APPELLANT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE ACT) WITH A VIEW TO SETTLE THE PENDING TAX DISPUTE. IN THIS REGARD, ON 12 OCTOBER, 2020, THE COMPANY FILED A DECLARATION IN FORM 1 AND FURTHER AN UNDERTAKING IN FORM 2 WAIVING ALL ITS RIGHTS TO ANY REMEDY OR CLAIMS FOR AY 2005 - 06 AS PER THE PROCEDURE LAID DOWN IN THE ACT READ WITH THE CORRESPONDING DIRECT TAX VIVAD SE VISHWAS RULES, 2020 (THE RULES). COPY OF FORM 1 AND FORM 2 HAVE BEEN ENCLOSED HEREWITH FOR YOUR HONOURS REFERENCE AS ANNEXURE 2. SUBSEQUENTLY, THE DESIGNATED AUTHORITY HAS ISSUED A CERTIFICATE (NUMBER 658641250191020) DATED 19 OCTOBER, 2020 UNDER FORM 3 AS PRESCRIBED UNDER THE RULES DECLARING A NIL TAX PAYABLE BY THE COMPANY UNDER THE ACT. A COPY OF THE FORM 3 ISSUED HAS BEEN ENCLOSED AS ANNEXURE 3 FOR YOUR HONOURS REFERENCE. IN LIGHT OF THE ABOVE, THE COMPANY WISHES TO WITHDRAW THE CAPTIONED APPEAL (ITA 2699/PUN/2017) FILED BEFORE YOUR HONOUR FOR THE AY 2005 - 06. 3. ON PERUSAL OF THE ABOVE LETTER S AND HAVING NO OBJECTION FROM THE SIDE OF LD. DR, WE ALLOW THE REQUEST OF ASSESSEE TO WITHDRAW ALL THE THREE APPEALS. ITA NO S . 2699 TO 2701 /PUN/ 20 1 7 BEKAERT INDUSTRIES PVT. LTD. 3 4. IN THE RESULT, ALL THE THREE APPEALS ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE O PEN COURT ON 27 TH NOVEM BER , 2020 . SD/ - SD/ - ( S.S.VISWANETHRA RAVI ) ( R.S.SYAL ) JUDICIAL MEMBER VICE PRESIDENT PUNE ; DATED : 27 TH NOVEM BER , 2020 GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A) - 13, PUNE 4 . 5. THE PR. CIT - 1 , PUNE , , C / DR C , ITAT, PUNE 6 . / GUARD FILE / BY ORDER, / / TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO S . 2699 TO 2701 /PUN/ 20 1 7 BEKAERT INDUSTRIES PVT. LTD. 4 DATE 1. DRAFT DICTATED ON 2 6 - 1 1 - 2020 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 2 6 - 1 1 - 2020 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 O F ORDER. *