KOCH CHEMICALS TECHNOLOGY GROUP INDIA P. LTD, MUMBAI V. ASST CIT CIR 14(2)(1), MUMBAI

ITA 7408/MUM/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4082 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2012-2013
• Appeal Filed On: 16-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMIT SINGH
• Keywords: Competent authority
• Section: 13; 92CA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , H BENCH MUMBAI BEFORE : SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT MEMBER ITA NO. 7408 /MUM/ 20 16 ( ASSESSMENT YEAR : 2012 - 13 ) M/S. KOCH CHEMICALS TECHNOLOGY GROUP INDIA P. LTD., 10 TH FLOOR, CORPORATE PARK II SION TROMBAY ROAD CHEMBUR 400 071 VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14(2)(1) R.NO.432, AAYAKAR BHAVAN NEW MARINE LINES MUMBAI - 400020 PAN/GIR NO. AABCK3688G (APPELLANT ) .. (RESPONDENT ) ASSESSE E BY MS. AMRIN PATHAN REVENUE BY SHRI AMIT SINGH DATE OF HEARING 0 5/10 /2021 DATE OF PRONOUNCEMENT 05 / 10 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 7408/MUM/2016 FOR A.Y. 2012 - 13 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 22, MUMBAI IN APPEAL NO. CIT(A)22/IT/613/2015 - 16 DATED 27/10/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 92CA (4) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS A CT) DATED 04/03/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX 14(2)(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). IT A NO . 7408 /MUM/201 6 M/S. KOCH CHEMICAL TECHNOLOGY GROUP INDIA PVT. LTD., 2 2. THIS APPEAL WAS ORIGINALLY DISPOSED OF BY THIS TRIBUNAL IN ITA NO.7408/MUM/2016 DATED 03/08/2018. LATER A MISCELLANEOUS APPLICATION WAS PREFERRED BY THE ASSESSEE AND THE SAID MISCELLANEOUS APPLICATION WAS DISPOSED OF BY THIS TRIBUNAL IN M.A.NO.585/MUM/2019 ON 14/02/2020. AT THE TIME OF PRESENT PROCEEDINGS, THE ASSESSEES COUNSEL STATED THAT THE ASSESSEE HAD AVAILED VIVAD SE VISHWAS S CHEME TO SETTLE ITS TAX DISPUTES ARISING IN A.Y.2012 - 13. THE LD. COUNSEL ALSO STATED THAT A SSESSEE HAS ALREADY RECEIVED FORM NO.3 IN THIS REGARD FROM THE COMPETENT AUTHORITY. ACCORDINGLY, THE LD. COUNSEL FOR THE ASSESSEE PLEADED FOR WITHDRAWAL OF THE ASSE SSEES APPEAL. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS HEREBY DISMISSED AS WITHDRAWN. 2. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05/10/2021. SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 05 / 10 / 2021 KARUNA , SR.PS IT A NO . 7408 /MUM/201 6 M/S. KOCH CHEMICAL TECHNOLOGY GROUP INDIA PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. C IT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//