ABJ DEVELOPERS PVT. LTD., MUMBAI V. ITO 9(1)(1), MUMBAI

CO 171/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 5836 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 21-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Assessee Lawyers: SACHIN ROMANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENCH MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.2716/MUM/2018 ( ASSESSMENT YEAR: 2009-10 ) ITO-9(1)(1) ROOM NO.205 2 ND FLOOR AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020 VS. M/S. ABJ DEVELOPERS PVT.LTD. A6, BLDG NO.2, MITTAL ESTATE, ANDHERI KURLA ROAD, ANDHERI(E) MUMBAI-400 059 PAN/GIR NO. AA DCR9242D APPELLANT ) .. RESPONDENT ) & CROSS OBJECTION NO.171/MUM/2019 ( ASSESSMENT YEAR: 2009-10 ) M/S. ABJ DEVELOPERS PVT.LTD. A6, BLDG NO.2, MITTAL ESTATE, ANDHERI KURLA ROAD, ANDHERI(E) MUMBAI-400 059 VS. ITO-9(1)(1) ROOM NO.205 2 ND FLOOR AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020 PAN/GIR NO.AADCR9242D APPELLANT ) .. RESPONDENT ) & ITA NO.6075/MUM/2019 ( ASSESSMENT YEAR: 2009-10 ) M/S. ABJ DEVELOPERS PVT.LTD. A6, BLDG NO.2, MITTAL ESTATE, ANDHERI KURLA ROAD, ANDHERI(E) MUMBAI-400 059 VS. ITO-9(1)(1) ROOM NO.205 2 ND FLOOR AAYKAR BHAVAN M.K.ROAD MUMBAI-400 020 ASSESSEE BY SHRI SACHIN ROMANI, AR REVENUE BY SHRI BRAJENDRA KUMAR, DR DATE OF HEARING 22/12 /2020 DATE OF PRONOUNCEME N T 23 /12 / 20 20 ITA NOS.2716/MUM/2018 & 6075/MUM/2019 CO.NO.171/MUM/2019 M/S. ABJ DEVELOPERS PVT.LTD. 2 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE AND CROSS OBJECTIONS FILED BY THE ASSESSEE ARE DIRECTED AGAINST ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-16 MUMBAI, DATED 02/03/2016 FOR THE ASST.YEAR 2009-10. SINCE, FACTS ARE IDENTICAL AND ISSUES ARE COMMON FOR THE SAKE OF CONVENIENCE, THE APPEAL FILED BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE ARE HEARD TOGETHER AND ARE DISPOSED-OFF BY THIS CONSOLIDATED ORDER. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISWAS SCHEME 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISHVAS SCHEME 2020, THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. SIMILARLY, THE REVENUE APPEAL AND CROSS OBJECTIONS OF THE ASSESSEE ARE ALSO DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23/12/2020 SD/- (AMARJIT SINGH) SD/- (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 23/12/2020 ITA NOS.2716/MUM/2018 & 6075/MUM/2019 CO.NO.171/MUM/2019 M/S. ABJ DEVELOPERS PVT.LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//