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

ITA 579/MUM/2015

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3479 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2006-2007
• Appeal Filed On: 27-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY SHARMA LD
• Assessee Lawyers: HARSH SANGOI LD

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUM AR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO. 579 /MUM/ 2015 ( / ASSESSMENT YEAR: 2006 - 07 ) ACIT 9(2)(1) ROOM NO. 204, 2 ND FLOOR A AYKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 / VS. M/S CHIRON BEHRING V ACCINES P LTD. 6 TH FLOOR, UNIT NO.608 THE SUMMIT BUSINESS BAY VILLAGE GUNDAVALI, ANDHERI - KURLA ROAD ANDHERI ( E ) , MUMBAI - 400 0 93 ./ ./ PAN/GIR NO. A A ACC - 6494 - P ( / APPELLANT ) : ( / RESPONDENT ) REVENUE BY : SHRI AJAY SHARMA LD. CIT - DR ASSESSEE BY : SHRI HARSH SANG OI LD. AR / DATE OF HEARING : 18/10 /2021 / DATE OF PRONOUNCEMENT : 18/10/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE LD. AR, AT THE OUTSET, DR EW ATTENTION TO EMAIL DATED 17/10/2021 TO SUBMIT THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF DISPUTE FOR THE YEAR UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME) , 2020 . THE LD. AR SUBMITTED THAT FORM - 4 HAS BEEN FILED AND FORM - 5 IS AWAITED F ROM APPROPRIATE AUTHORITY. THE LD. AR ALSO SUBMITTED THAT NO 2 PAYMENT IS DUE FROM THE ASSESSEE. THE LD. CIT - DR COULD NOT CONTROVERT THE POSITION THAT THE REVENUES APPEAL HAS BECOME INFRUCTUOUS. 2. IN VIEW OF FOREGOING, THE REVENUE S APPEAL STAND DISMISSED AS INFRUCTUOUS W ITH A LIBERTY TO REVENUE TO SEEK RESTORATION OF THE APPEAL, IN CASE THE DECLARATION FILED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 3. THE APPEAL STANDS DISM ISSED AS INFRUCTUOUS . ORDER PRONOUNCED ON 18 TH OCTOBER , 2021. SD/ - SD/ - (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 18 /10 /2021 SR.PS, DHANANJAY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, M UMBAI.