ACIT-17(1), Mumbai V. GLOBAL EXIM, Mumbai

ITA 1335/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3305 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 07-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , . , BEFORE S H RI MAHAVIR SINGH, VP AND S H RI M. BALAGANESH, AM ./ ITA NO. 1335 /MUM/2019 ( / ASSESSMENT YEAR 2009 - 10 ) THE ACIT - 17(1), MUMBAI ROOM NO. 117, AAYAKAR BHAVAN, M.K. MARG, MUMBAI - 400 020 / VS. GLOBAL EXIM, 301, 30 2, FAIZ E - QUTBI, 375, NARSHI NATHA STREET, MUMBAI - 400 009 ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AADFG7968A / APPELLANT BY : SHRI MURLI MOHAN, CIT DR / RESPONDENT BY : SHRI SANJ AY PARIKH, AR / DATE OF HEARING : 10.06.2021 / DATE OF PRONOUNCEMENT : 10 .06.2021 / O R D E R , / PER MAHAVIR SINGH, VP : THIS APPEAL OF REVENUE IS ARISI NG OUT OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)] - 56 , MUMBAI [IN SHORT CIT(A)], DATED 20.12.2018 . THE ASSESSMENT WAS FRAMED BY THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 17(1) MUMBAI (IN SHORT ITO / AO) PAGE | 2 ITA NO. 1335 /MUM/ 2019 GLOBAL EXIM; AY 09 - 10 FOR THE A.Y. 2009 - 10 VIDE ORDER DATED 10.03.2015 UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER THE ACT). 2 . AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE MS. VINITA SHAH SUBMITTED THAT ASSESSEE HAD AVAILED VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE THE DISPUTE ARISING OUT OF THI S CASE. THE ASSE SSEE HAS ALSO SUBMITTED FORM - 3 AND HAD PAID THE TAXES. THE LEARNED DEPARTMENTAL REPRESENTATIVE ALSO AGREED THAT TAXES HAVE ALREADY BEEN PAID BY THE ASSESSEE. 3 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECOR D. WE FIND THAT ASSESSEE HAD ALREADY AVAILED VIVAD SE VISWAS SCHEME 2020 AND FILED NECESSARY DECLARATION . WE FIND THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US AS DUE TAXES HAVE ALREADY BEEN PAID BY THE ASSESSEE UNDER VIVAD SE VISWAS SCHEME 202 0. IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS THIS APPEAL OF REVENUE AS WITHDRAWN. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 10 . 0 6.2021. SD/ - SD/ - ( . / M BALAGANESH ) ( / MAHAVIR SINGH ( / ACCOUNTANT MEMBER ) ( / VICE PRESIDENT ) , / MUMBAI, DATED: 10 . 06.2021 , . / SUDIP SARKAR, SR.PS PAGE | 3 ITA NO. 1335 /MUM/ 2019 GLOBAL EXIM; AY 09 - 10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY . / SR. PRIVATE SECRETARY , / ITAT, MUMBAI