CHIRON BEHRING VACCINES P.LTD,MUMBAI vs. DCIT (OSD) RG 8(1), MUMBAI

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ITA 2705/MUM/2015Status: DisposedITAT Mumbai13 June 2022AY 2007-083 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the settlement under the Vivad Se Vishwas Act granted immunity from penalty. Therefore, the appeal was dismissed as withdrawn based on the assessee's request.

What were the facts?

The assessee's appeal against a penalty order under Section 271(1)(c) was dismissed by the CIT(A). The assessee had also settled the quantum appeal for the same assessment year under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the penalty appeal is maintainable when the quantum appeal has been settled under the Vivad Se Vishwas Act, granting immunity from penalty.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, K BENCH, MUMBAI

order : 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.

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.

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