SHREE NAMAN SECURITIES & FINANCE PVT LTD. , MUMBAI V. DY CIT CIR. 5(4) , MUMBAI

ITA 1379/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6194 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 03-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROHIT KUMAR
• Assessee Lawyers: MAHESH R AJORA
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , E BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, A CCOUNTANT MEMBER & SHRI AMARJIT SINGH , JUDICIAL MEMBER ITA NO. 1379/ MUM/ 20 20 ( ASSESSMENT YEAR : 2010 - 11 ) SHREE NAMAN SECURITIES & FINANCE PVT.LTD., 1 04, SHREE NAMAN PLAZA OPP. SHANKAR LANE, 41 S.V. ROAD, KANDIVALI - WEST MUMBAI - 400 067 VS. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 5(4) AAYKAR BHAVAN MUMBAI PAN/GIR NO. AAACN1917G (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI MAHESH RAJORA REVENUE BY SHRI ROHIT KUMAR DATE OF HEARING 07 /0 9 /2021 DATE OF PRONOUNCEMENT 07 / 09 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1379/MUM/2020 FOR A.Y. 201 0 - 1 1 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME T AX (APPEALS) - 53, MUMBAI IN APPEAL NO. CIT(A) - 53/IT - 426 /DCCC - 5(4)/201 7 - 1 8 DATED 16/12/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 22/01/2013 BY THE LD. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 37 , MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 1379/MUM/2020 SHREE NAMAN SECURITIES & FINANCE PVT. LTD., 2 2. WE FIND THAT THE ASSESSEE FILED A LETTER DATED 06/09/2021 MENTIONING THAT AN APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 20 20 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE AS SESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 07 / 09 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 07 / 09 / 2021 KARUNA , SR.PS COPY OF THE ORDER FO RWARDED 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//