KODAK INDIA PVT LTD.,MUMBAI vs. DY CIT 14 (2)(1), MUMBAI

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ITA 7842/MUM/2019Status: DisposedITAT Mumbai13 June 2022AY 2015-162 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal acknowledged the assessee's request for withdrawal of the appeal. The Departmental Representative had no objections to this request.

What were the facts?

The assessee filed an appeal against the final assessment order for AY 2015-16. The assessee subsequently opted to settle the matter under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 5(1),Section 5(2),Section 6

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, K BENCH, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL "K" BENCH, MUMBAI SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER (ASSESSMENT YEAR: 2015-16) Kodak India Private Limited, First Floor, Dani Corp Park, 158 Dani Compound, Vidyanagri Marg, Santacruz (East), Mumbai - 400098 [PAN: AAACK2172] ……………… Appellant Vs Deputy Commissioner of Income Tax, Circle- 14(2)(1), Room No. 432, 4th Floor, Aaykar Bhavan, Maharishi Karve Road, ……..………. Respondent Mumbai - 400020 Appearances For the Appellant/Assessee : Shri Raunak For the Respondent/Department : Shri Yogesh Kamat Date of conclusion of hearing : 16.03.2022 Date of pronouncement of order : 13.06.2022

O R D E R Per Rahul Chaudhary, Judicial Member: By way of the present appeal the Appellant/Assessee has 1. challenged the final assessment order, dated 29.10.2019, passed under Section 143(3) read with Section 144C(13) of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] for the Assessment Year 2015-16.

The Appellant has made a request for withdrawal of the appeal 2. having opted to settle the matter under the provisions of Direct

Tax Vivad Se Vishwas Act, 2020 (hereinafter referred to as ‘the DTVSV Act’). The Assessee has placed on record a certificate in Form 3 issued under Section 5(1) of the DTVSV Act [Acknowledgement No. 222807360210121] and order of full and final settlement of tax arrears under Section 5(2) read with Section 6 of the DTVSV Act [Acknowledgement No. 269275050200221]. The learned Departmental Representative does not have any objections to the aforesaid request of the Appellant.

In view of the above, the present appeal is dismissed as 3. withdrawn.

Order pronounced on 13.06.2022.

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