RABO INDIA FINANCE LTD. (NOW MERGED WITH RABO INDIA SECURITIES PVT. LTD.), MUMBAI V. ACIT, CIRCLE - 1(3)(1), MUMBAI

ITA 1543/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3586 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 14-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 144C; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 1543/MUM/2019 (A.Y: 2013-14) RABO INDIA FINANCE LIMITED (NOW MERGED WITH RABO INDIA SECURITIES PRIVATE LIMITED), 20 TH FLOOR, TOWER-A, PENINSULA BAPAT MARG, LOWER PAREL, MUMBAI - 400013 / VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(3) (1), ROOM NO. 540, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 ./ ./ PAN/GIR NO. : AAACR6065R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI NITESH JOSHI, AR / RESPONDENT BY : SHRI BHARAT ANDHLE, DR / DATE OF HEARING 17/02/2021 / DATE OF PRONOUNCEMENT 17/02/2021 / O R D E R PER PAVAN KUMAR GADALE: ITA NO. 1543 /MUM/2019 RABO INDIA FINANCE LTD. - 2 - THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 57, MUMBAI, PASSED U/S. 143 (3 )R.W.S. 144C OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 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 ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED THE APPLICATION AS MENTIONED BY THE LD.AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. ITA NO. 1543 /MUM/2019 RABO INDIA FINANCE LTD. - 3 - 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17.02.2021. SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 17.02.2021 AK, 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 2.