ACIT CENT. CIR. - 18 & 19, MUMBAI V. M/s. UPS FREIGHT SERVICES INDIA P. LTD., MUMBAI

ITA 1456/MUM/2006

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3770 (ITAT-MUMBAI)
• Duration Of Justice: 14 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2002-2003
• Appeal Filed On: 01-03-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHIKA SULTANIA
• Section: 22

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI , ,# $ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI RAJESH KUMAR, ACCOUNTANT MEMBER . 4178/ / 2006 ((. . 2001-02 ) ITA NO.4178/MUM/2006(A.Y.2001-02) . 1456/ / 2006 ((. . 2002-03 ) ITA NO.1456/MUM/2006(A.Y.2002-03) . 5302/ / 2006 ((. . 2003-04 ) ITA NO.5302/MUM/2006(A.Y.2003-04) . 4631/ / 2007 ((. . 2004-05 ) ITA NO.4631/MUM/2007(A.Y.2004-05) ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIR.18 & 19, ROOM NO.402, 4 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ...... * / APPELLANT ( VS. M/S. UPS FREIGHT SERVICES INDIA PVT. LTD. (FORMERLY FRITZ FREIGHT FORWARDING (I) P LTD.) 901, ALPHA, MAIN STREET, HIRANANDANI BUSINESS GARDENS, POWAI, MUMBAI 400 076 PAN: AAACF0671R ..... +,/ RESPONDENT ASSESSEE BY : MS. ASHIKA SULTANIA REVENUE BY : SHRI S.S.IYENGAR (-, / DATE OF HEARING : 22/02/2021 ./0 -, / DATE OF PRONOUNCEMENT : 22/02/2021 2 M/S. UPS FREIGHT SERVICES INDIA PVT. LTD. (FORMERLY FRITZ FREIGHT FORWARDING (I) P LTD.) / ORDER PER BENCH: THESE FOUR APPEALS BY THE REVENUE ARE DIRECTED AGA INST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL VI, MUMBAI (IN SHORT THE CIT(A) ) FOR THE ASSESSMENT YEARS 2001-02 TO 2004-05. 2. A LETTER DATED 04/02/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR SETTLEMENT OF THESE APPEA LS THROUGH VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). 3. SHRI S.S.IYENGAR, REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO SETTLE THESE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSES SEES DECLARATION UNDER VSVS FOR THE IMPUGNED ASSESSMENT YEARS HAVE BEEN ACCEPTED A ND THE DESIGNATED AUTHORITY HAS ISSUED FORM-3. IN VIEW OF ABOVE, THE APPEALS FI LED BY THE REVENUE HAVE BECOME INFRUCTUOUS AND ARE LIABLE TO BE DISMISSED, AS SU CH. 5. LIBERTY IS GRANTED TO THE REVENUE/APPELLANT TO REVIVE THE APPEAL(S), IF THE ASSESSEE/RESPONDENT FOR ANY REASON WHATSOEVER FAILS TO HONOUR THE COMMITMENT NECESSARY FOR OBTAINING FINAL FORM-5 UNDER VSVS. TH E APPEALS BY REVENUE ARE DISMISSED AS INFRUCTUOUS WITH LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY THE 22 ND DAY OF FEBRUARY, 2021. SD/- SD/- (RAJESH KUMAR) (VIKAS AWAS THY) # / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 1(/ DATED 22/02/2021 3 M/S. UPS FREIGHT SERVICES INDIA PVT. LTD. (FORMERLY FRITZ FREIGHT FORWARDING (I) P LTD.) VM , SR. PS (O/S) +,230, COPY OF THE ORDER FORWARDED TO : 1. * / THE APPELLANT , 2. +, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56+,( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI