Appeal details
Counselvise Citation
[2022] 106 COUNSELVISE.COM (IT) 7918 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 year(s) 1 month(s) 5 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
12-06-2022
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
K
Assessment Year
2007-2008
Appeal Filed On
07-05-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER ITA No. 2705/MUM/2015 (ASSESSMENT YEAR: 2007-08) M/s Chiron Behring Vaccines Private Limited, 501, Shri Amba Shanti Chambers, Andheri, Kurla Road, Andheri (East), Mumbai - 400059 [PAN: AAACC6494P] The Deputy Commissioner of Income Tax (OSD), Range, 8(1), Mumbai, Aaykar Bhavan, Mumbai - 400020 .................. Vs .................. Appellant Respondent Appearances For the Appellant/ Assessee For the Respondent/Department : : Shri Harsh Sangoi Shri Satya Pinisetty Date of conclusion of hearing Date of pronouncement of order : : 15.03.2022 13.06.2022 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 11.02.2015, passed by the Ld. Commissioner of Income Tax (Appeals)-55, Mumbai [hereinafter referred to as ‘the CIT(A)’] under Section 250 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] in appeal [CIT(A)-55/IT-165/ 2014-15,] for the Assessment Year 2007-08, whereby the Ld. CIT(A) had dismissed the appeal filed by the Appellant against the penalty order dated 30.03.2014, passed under section 271(1)(c) of the Act. ITA No. 2705/Mum/2015 Assessment Year: 2007-08 2 2. Ld. Authorised Representative for the Appellant appearing before us submitted that the quantum appeal for the Assessment Year 2007-08 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. 233461100300121] and (c) order of full and final settlement of tax arrears under Section 5(2) read with Section 6 of the DTVSV Act [Acknowledgement No. 967685481240122] 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 13.06.2022. Sd/- Sd/- (Om Prakash Kant) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 13.06.2022 Alindra, PS ITA No. 2705/Mum/2015 Assessment Year: 2007-08 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
