PRAGATI ENTRPRISES, MUMBAI V. ADDL. CIT RANGE - 17(2), MUMBAI

ITA 1449/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1529 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 06-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , C BENCH MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 1449 / MUM/ 2020 ( ASSESSMENT YEAR : 2008 - 09 ) M/S. PRAGA TI ENTERPRISES A/8, ROYAL INDUSTRIAL ESTATE NAIGAON CROSS ROAD WADALA, MUMBAI - 400031 VS. ADD.CIT RANGE 17(2) MUMBAI ROOM NO.407, INCOME TAX OFFICE, PIRAMAL CHAMBERS LALBAUG, PAREL, MUMBAI - 400002 PAN/GIR NO. AADFP2597G (APPELLANT ) .. (RESPONDENT ) ASS ESSEE BY NONE REVENUE BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER VIKAS AWASTHY (JM): THIS APPEAL IN ITA NO.1449/MUM/2020 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. CO MMISSIONER OF INCOME TAX (APPEALS) - 32, MUMBAI IN APPEAL NO. CIT(A) - 32, MUMBAI/10040/2011 - 12 DATED 20/01/2020 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) (II) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 24/12 /2010 BY THE LD. ADDL. CIT, RANGE 17(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 1449/MUM/2020 M/S. PRAGATI ENTERPRISES 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 08/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 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 IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD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 ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 /202 1. SD/ - ( M.BALAGANESH ) SD/ - ( VIKAS AWASTHY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 12 / 0 2 / 2021 KARUNA , SR.PS ITA NO . 1449/MUM/2020 M/S. PRAGATI ENTERPRISES 3 COP Y 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//