ASST CIT 22 (1), MUMBAI V. M/S ASIAN NARROW FABRICS CO., MUMBAI

ITA 106/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6909 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 03-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 106 /MUM/20 20 (A.Y: 201 0 - 11) ASST. CIT 22(1) ROOM NO. 322, 3 RD FLOOR PIRAMAL CHAMBERS, LALBAUG MUMBAI 400 012 V. M/S. ASIAN NAR R OW FABRICS CO. 1 ST FLOOR, TODI ESTATE SUNMILL COMPOUND, LOWER PAREL MUMBAI - 4000013 PAN: AAAFA5125E (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SMITA VERMA DATE OF HEARING : 15.07.2021 DATE OF PRONOUNCEMENT : 04 .08 .2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE REVENUE AGAINST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 33 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 31.10.2019 FOR THE A.Y . 201 0 - 11. 2. AT THE TIME OF HEARING THE APPEAL VIRTUALLY IT WAS POINTED OUT THAT ASSESSEE HAD OPTED FOR VIVAD SE VISHWAS SCHEME, THE LD. DR SUBMITTED THAT ASSESSEE HAD FILED DECLARATION AND UNDERTAKING IN FORM - 1 AND ACCEPTING THE DECLARATION FILED BY THE ASSESSEE , FORM - 3 WAS ALSO ISSUED 2 ITA NO. 106/MUM/2020 (A.Y: 2010 - 11) M/S. ASIAN NARROW FABRICS CO. BY THE REVENUE . LD. DR FURTHER IN THE E - MAIL SENT STATED THAT F ORM 5 IS NOT YET ISSUED, BUT THERE IS NO DEMAND PENDING FOR THE ASSESSEE IN THE YEAR, INSTEAD REFUND IS PENDING. LD.DR SUBMITTED THAT THE APPEAL FILED MAY BE DISPOSED OFF AS VIVAD SE VISHWAS SCHEME APPLICATION OF THE ASSESSEE IS ACCEPTED AND NO DEMAND IS PENDING FOR THE YEAR 3. IN VIEW OF THE SUBMISSION OF THE LD.DR THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION , AND ALSO SINCE NO DEMAND PENDING BUT ONLY REFUND IS DUE TO ASSESSEE THIS APPEAL IS DISMISSED WITH LIBERTY TO FILE MISCELLANEOUS APPLICATION BY THE REVENUE FOR RECALL OF THE APPEAL IN C ASE THE DECLARATION OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME IS N OT ACCEPTED . 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED WITH THE ABOVE OBSERVATION. ORDER PRONOUNCED ON 04 .08 .2020 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD. SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 04 .08 .2021 GIRIDHAR, SR.PS 3 ITA NO. 106/MUM/2020 (A.Y: 2010 - 11) M/S. ASIAN NARROW FABRICS CO. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM