Wp/12861/2016 Of M/S Gkn Sinter Metals Pvt. Ltd v. Assistant Commissioner Of Income Tax Circle-9

IN THE HIGH COURT OF JUDICATURE AT BOMBAYAPPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 12861 OF 2016 M/s. GKN Sinter Metals Pvt. Ltd., ..Petitioner.v/s.Assistant Commissioner of Income TaxCircle 9 ..Respondent. Mr. Kamal Sawhney with Mr. Harsh Shah and Mr. Harsh Kapadia, for the Petitioner.Mr. Suresh Kumar, for the Respondent. P.C:- CORAM: M.S.SANKLECHA, & A.K.MENON, JJ.DATE : 11[th] JANUARY, 2017. This Petition challenges the notice dated 16[th] January, 2015issued by the Assessing Officer, seeking to impose penalty under Section274 read with Section 271 (1)(C) of the Income Tax Act, 1961 (the Act),in respect of Assessment Year 2010-11. 2The Petitioner have challenged the notice as being withoutjurisdiction in view of the dispute being settled under the MutualAgreement Procedure (MAP) under Article 27 of the Indo-UK DoubleTaxation Avoidance Agreement. 3Mr. Suresh Kumar, learned Counsel appearing for theRevenue invited our attention to the affidavit in reply of Mr. BharatAndhale, Deputy Commissioner of Income Tax dated 19[th] December,2016. In the above affidavit, at paragraph 3(l) it has been stated that noS.R.JOSHI1 of 2 penalty will be levied/ imposed upon the Petitioner for the AssessmentYear 2010-11. 4In view of the statement made in the affidavit in reply, Mr.Sawhney, learned Counsel appearing for the Petitioner, seeks to withdrawthe Petition. Petition disposedof as withdrawn. (A.K.MENON,J.) (M.S.SANKLECHA,J.)