M/S. ADDITION MLTIFRADING P. LTD;, MUMBAI V. ITO -12(1)(1), MUMBAI

ITA 1570/MUM/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9234 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 19-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 12; 143(3)

Judgement Text

ITA No. 1570/Mum/2020 A.Y. 2008-09 M/s Addition Multigrading Pvt. Ltd. Vs. ITO 12(1)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC” MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA No.1570/MUM/2020 (Assessment Year: 2008-09) M/s Addition Multitrading Pvt. Ltd., B-502, Veena Geet Sangeet Gangotri, Sector 12 Mahavir Nagar, Kandivali West, Mumbai – 400 067 Vs. ITO 12(1)(1) Room No. 129A,1 st Floor, Aayakar Bhavan, Mumbai – 400 020 PAN No. AACCR5884N (Assessee) (Revenue) Assessee by : None Revenue by : Shri Milind Chavan, D.R D a t e o f H e a r i n g : 0 2 / 1 1/ 2 0 2 1 D a t e o f p r o n o u n c e m e n t : 02/ 1 1 /2021 ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 20, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) r.w.s 147 of the Income-tax Act, 1961, dated 29.02.2016 for assessment year 2008-09. 2. The assessee company has filed before us a letter dated 09.09.2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and “Form 5” have been received from the designated authority. Backed by the aforesaid facts it is requested by assessee company that the captioned appeal may be allowed to be withdrawn. 3. The ld. D.R did not controvert the aforesaid factual position that was canvassed before us. ITA No. 1570/Mum/2020 A.Y. 2008-09 M/s Addition Multigrading Pvt. Ltd. Vs. ITO 12(1)(1) 2 4. In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal. 5. Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded hereinabove. Order pronounced in the open court on 02/11/2021 Sd/- Sd/- (Pramod Kumar) (Ravish Sood) VICE PRESIDENT JUDICIAL MEMBER Mumbai; Dated: 02.11.2021 PS: Rohit 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