ASST CIT 9(2)(1), MUMBAI V. CHIRON BEHRING VACCINES P.LTD, MUMBAI

ITA 3955/MUM/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3680 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2002-2003
• Appeal Filed On: 25-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESHPANDE
• Assessee Lawyers: VALLABH GOKHALE
• Section: 143(3); 144C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 3955 , 3957 & 3958 /MUM./2015 ( ASSESSMENT YEAR : 20 02 03 , 2009 10 & 2010 11 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 9(2)(1), MUMBAI . APPELLANT V/S M/S. CHIRON BEHRING VACCINES PVT. LTD. 501, SHRI AMBA SHANTI CHAMBERS ANDHERI KURLA ROAD, ANDHERI (E) MUMBAI 400 059 PAN AAACC6494P . RESPONDENT ITA NO. 585 /MUM./2015 ( ASSESSMENT YEAR : 20 06 07 ) M/S. CHIRON BEHRING VACCINES PVT. LTD. 501, SHRI AMBA SHANTI CHAMBERS ANDHERI KURLA ROAD, ANDHERI (E) MUMBAI 400 059 PAN AAACC6494P . APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX RANGE 9(2)(2), MUMBAI . RESPONDENT REVENUE BY : SHRI SU N IL DESHPANDE ASSESSEE BY : SHRI VALLABH GOKHALE DATE OF HEARING 1 8 .0 2 .202 1 DATE OF ORDER 24.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID REVENUE A PPEALS BEING ITA NO.3955/MUM./2015 FOR A.Y. 2002 03, ITA NO.3957/MUM./2015, FOR A.Y. 2009 10 AND ITA 2 M/S. CHIRON BEHRING VACCINES PVT. LTD. NO.3958/MUM./2015 FOR A.Y. 2010 11, HAVE BEEN FILED CHALLENGING T HREE COMMON SEPARATE ORDER S OF EVEN DATED 11 TH FEBRUARY 2015, PASSED UNDER SECTION 143(3) R/W SE CTION 144C OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) BY THE LEARNED COMMISSIONER (APPEALS) 55, MUMBAI, AND ASSESSEE S APPEAL BEING ITA NO.585/MUM./2015, IS AGAINST THE ORDER DATED 12 TH AUGUST 2010, PASSED UNDER SECTION 144C(5) OF THE ACT FOR THE ASSESSMENT YEAR 20 06 07, IN PURSUANCE TO THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL I (DRP), MUMBAI. WE FIRST TAKE UP REVENUES APPEALS BEING ITA NO.3955, 3958 & 3957/MUM./2015. 2. DURING THE COURSE OF HEARING, WE FIND THAT T HE RESPONDENT ASSESSEE HAS FILED A LETTER DATED 17 TH FEBRUARY 2021, BEFORE THE REGISTRY OF THE TRIBUNAL SEEKING WITHDRAWAL OF THE APPEAL IN VIEW OF THE FACT THAT THE ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED B Y THE ASSESSEE IS ACCOMPANIED BY THE ACKNOWLEDGEMENT IN FORM I AND II OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME FOR ALL THE APPEALS UNDER CONSIDERATION AND PRAYED FOR ADJOURNMENT OF HEARING IN THESE APPEALS TILL FINAL SETTLEMENT OF THE APPEALS UN DER THE SCHEME . THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 3 M/S. CHIRON BEHRING VACCINES PVT. LTD. 2. HEARD THE LEARNED COUNSEL APPEARING FOR BOTH THE PARTIES AND PERUSED MAT ERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT ADJOURNMENT IN HEARING OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY IN K EEPING THESE MATTERS ALIVE SINCE THE ASSESSEE HAS ALREADY APPLIED FOR SETTLEMENT OF DISPUTE UNDER THE SCHEME. CONSEQUENTLY, THE APPEALS FILED BY THE REVENUE ARE LIABLE TO THE DISMISSED AS SUCH. HOWEVER, LIBERTY IS GRANTED TO THE REVENUE TO SEEK RESTORATION OF THESE APPEALS IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. WITH THE AFORESAID OBSERVATIONS, THE APPEALS ARE DISMISSED. 3. IN THE RESULT, REVENUES APPEAL S ARE DISMISSED IN TERMS INDICATED ABOVE. WE NOW TAKE UP ASSESSEES APPEAL BEING ITA NO.585/MUM./2015. 4. CONSEQUENT UPON THE OBSERVATIONS MADE IN PARA 3 ABOVE IN REVENUES APPEAL, THE ASSESSEES APPEAL IS ALSO LIABLE TO BE DISMISSED, HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS REST ORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE 4 M/S. CHIRON BEHRING VACCINES PVT. LTD. CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ACCORDINGLY, THE APPEAL IS DISMISSED IN TERMS INDICATED ABOVE . 5. IN THE RESULT, ASSESSE ES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.02.2021 SD/ - VIKAS AWASTHY JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 24.02.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI