LANXES INDIA P.LTD,THANE vs. ASST CIT CIR 1, THANE
IN THE INCOME-TAX APPELLATE TRIBUNAL “K” BENCH,
MUMBAI
BEFORE SMT. KAVITHA RAJAGOPAL, JUDICIAL MEMBER
&
SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER
LANXESS India Private
Limited, LANXESS House,
Plot No. A/162-164, Road
No. 27, Wagle Estate, Opp.
ITI College, MIDC, Thane
(West)
–
400
604,
Maharashtra v/s.
बनाम
Assistant
Commissioner of Income Tax, Circle – 1, Room
No. 22, 6th Floor, B-Wing,
Ashar IT Park, Road No. 16-Z,
Wagle
Industrial
Estate,
Thane (West)
– 400 604,
Maharashtra
स्थायी लेखा सं./जीआइआर सं./
PAN/GIR No: AACCB3880A
Appellant/अपीलार्थी
..
Respondent/प्रतिवादी
Appellant by :
Ms. Riddhi Maru
Respondent by :
Shri Kiran Unavekar (Sr. DR)
Date of Hearing
01.01.2025
Date of Pronouncement
01.01.2025
आदेश / O R D E R
PER PRABHASH SHANKAR [A.M.] :-
The present appeal arising from the assessment order dated
30.01.2017 is filed by the assessee against the order passed by the Learned
Asst. Commissioner of Income-tax, Circle – 1, Thane [„AO‟] pertaining to assessment order passed u/s. 143(3) r.w.s. 144C(13) of the Income-tax Act,
1961 [hereinafter referred to as “Act”] as also directions issued by the Dispute Resolution Panel – I, Mumbai („DRP‟) for the Assessment Year
[A.Y.] 2012-13. P a g e | 2
A.Y. 2012-13
LANXESS India Pvt. Ltd.
The assessee has filed several grounds of appeal w.r.t. certain Transfer Pricing Adjustments by the Transfer Pricing Officer/AO.
When the case was called out for hearing today, the ld.Counsel of the assessee in virtual hearing has submitted that the assessee has opted to settle its pending appeal under the Direct Tax Vivad Se Vishwas Act 2024(VSV Scheme)/DTVSV Act). It is stated that it has also received Form no.2 from the Designated Authority determining the tax arrears from and the amount of refund under the scheme. A written request in this regard dated 02.12.2024 is also placed on record whereby it is requested to dismiss this appeal with a liberty to revive the appeal, if the declaration is considered void under the Scheme. The Ld. Sr. DR has not objected to this request. 4. We have carefully considered the issue and above request of the assessee is accepted. The appeal is treated as withdrawn. However, the assessee is allowed liberty to revive it again, in case of non acceptance of its application under the above scheme. In the result, the appeal having been withdrawn is treated as dismissed. Order pronounced in the open court on 01/01/2025. KAVITHA RAJAGOPAL PRABHASH SHANKAR (न्याययक सदस्य /JUDICIAL MEMBER) (लेखाकार सदस्य/ACCOUNTANT MEMBER)
P a g e | 3
A.Y. 2012-13
LANXESS India Pvt. Ltd.
Place: म ुंबई/Mumbai
ददनाुंक /Date 01.01.2025
Lubhna Shaikh / Steno
आदेश की प्रयियलयि अग्रेयिि/Copy of the Order forwarded to :
1. अपीलार्थी / The Appellant
2. प्रत्यर्थी / The Respondent.
3. आयकर आयुक्त / CIT
4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT,
Mumbai
5. गार्ड फाईल / Guard file.
सत्यावपि प्रवि ////
आदेशानुसार/ BY ORDER,
उि/सहायक िंजीकार (Dy./Asstt.