M/S SHAH INDUSTRIAL ENTERPRISES, Mumbai V. ITO 20 (3)(3), Mumbai

CO 11/MUM/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4466 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 21-01-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SMITA VERMA
• Section: 201

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5724 / /201 9 ((. . 2010-11 ) ITA NO.5724/MUM/2019 (A.Y.2010-11) . 5725 / /201 9 ((. . 2011-12 ) ITA NO.5725/MUM/2019 (A.Y.2011-12) INCOME TAX OFFICER-20(3)(3), ROOM NO.614, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400 012 ...... * / APPELLANT ( VS. M/S. SHAH INDUSTRIAL ENTERPRISES, 156, 4 TH LANE, DARUKHANA, MAZGAON, MUMBAI 400 010 PAN:ABCFS6847G ..... +,/ RESPONDENT C.O NO.10 & 11/MUM/2021 (ARISING OUT OF ITA NOS.5724 & 5725/MUM/2019, A.YS 2010-11 & 2011-12) M/S. SHAH INDUSTRIAL ENTERPRISES, 156, 4 TH LANE, DARUKHANA, MAZGAON, MUMBAI 400 010 PAN:ABCFS6847G ........CROSS OB JECTOR ( VS. INCOME TAX OFFICER-20(3)(3), ROOM NO.614, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400 012 ........ * / APPELLANT 2 ITA NO.5724/MUM/2019 (A.Y.2010-11) ITA NO.5725/MUM/2019 (A.Y.2011-12) *-/ APPELLANT BY : MS. SMITA VERMA +,-/ RESPONDENT BY : NONE (., / DATE OF HEARING : 05/04/2021 /01 ., / DATE OF PRONOUNCEMENT : 05/04/2021 / ORDER PER VIKAS AWASTHY, J.M: THESE TWO APPEAL BY THE REVENUE ARE DIRECTED AGAINS T THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-32, MUMBAI (IN SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2010-11 AND 2011-12, RESPECTIV ELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E. 26/06/2019. THE ASSESS EE HAS ALSO FILED CROSS OBJECTIONS IN THE APPEALS FILED BY THE DEPARTMENT F OR THE RESPECTIVE ASSESSMENT YEARS. 2. A LETTER DATED 15/03/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME , 2020( IN SHORT VSVS), AND THE DECLARATION FILED BY THE ASSESSEE FOR BOTH THE IMPUGNED ASSESSMENT YEARS HAS BEEN ACCEPTED. THE ASSESSEE HAS FURNISHED A COPY OF FORM-3 AND COPY OF CHALLAN TO SHOW THAT TAX AS PER FORM 3 HAS BEEN PAID FOR AY 2010-11 & 2011-12. THE ASSESSEE HAS PRAYED FOR WITHDRAWING TH E CROSS OBJECTIONS FOR BOTH THE IMPUGNED ASSESSMENT YEARS. 3. MS. SMITA VERMA REPRESENTING THE DEPARTMENT STAT ED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. SINCE, THE DECLARATION FILED BY ASSESSEE UNDER V SVS HAS BEEN ACCEPTED BY THE DESIGNATED AUTHORITY, THE APPEALS FILED BY THE REVENUE HAVE BECOME 3 ITA NO.5724/MUM/2019 (A.Y.2010-11) ITA NO.5725/MUM/2019 (A.Y.2011-12) INFRUCTUOUS AND THUS, ARE LIABLE TO BE DISMISSED, AS SUCH. THE CROSS OBJECTIONS BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEALS BY THE REVENUE FOR AY 201 0-11 & 2011-12 ARE DISMISSED AS INFRUCTUOUS AND THE CROSS OBJECTIONS A RE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 0 5TH DAY OF APRIL, 2021. SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3(/ DATED: 05/04/2021 VM , SR. PS (O/S) COPY OF THE ORDER FORWARDED TO : 1. * / THE APPELLANT , 2. +, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56+,( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI