LAKSHON ELECTRONICS PVT. LTD., MUMBAI V. DCIT , CC - 5(1), MUMBAI

ITA 1224/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6357 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 05-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AZHAR ZAIN
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.1224/MUM/2019 (A.Y:2014-15) M/S LAKSHON ELECTRONICS PVT LIMITED, PROVOGUEHOUSE,105/106, OFF NEW LINK ROAD, ANDHERI(W), MUMBAI 400053. VS. DCIT, CC 5(1 ) , AIR INDIA BUILDING, MUMBAI-400021 ./ ./ PAN/GIR NO. : AABCL0176A APPELLANT .. RESPONDENT APPELLANT BY : MS VINITA SHAH RESPONDENT BY : MR AZHAR ZAIN DR DATE OF HEARING 08 .0 4 .2021 DATE OF PRONOUNCEMENT 16 .0 4 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 53, MUMB AI, PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. ITA NO. 1224/MUM/2019 M/S LAKSHON ELECTRONICS PVT LIMITED MUMBAI 2 2. AT THE TIME HEARING, THE LD.AR OF THE ASSESSE HAS FILED A LETTER MENTIONING THAT THE ASSESSE INTEND TO SE TTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020(VSVS2020) AND FILED AN APPLICATION UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS FILED A LETTER MENTIONING THAT THE ASSESSE HAS APPLIED U NDER VSVS 2020 AND HAS RECEIVED FORM-3 FROM THE INCOME T AX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSE AS WITHDRAWN AND THE ASSESSE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PER PROVI SIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.04.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER ITA NO. 1224/MUM/2019 M/S LAKSHON ELECTRONICS PVT LIMITED MUMBAI 3 MUMBAI, DATED 16.04.2021 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. # / THE CIT(A) 4. # ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / / GUARD FILE. / BY ORDER, //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI