DCIT 3(2)(2), Mumbai V. M/S KELTECH ENERGIES LTD., Mumbai

ITA 1641/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1657 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 18-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Assessee Lawyers: SHRIPAD CHAUHAN
• Section: 143(3); 5(2)

Judgement Text

ITA NO.1641/MUM/2019 A.Y. 2009 - 10 DCIT - 3(2)(2) VS. M/S KELTECH ENERGIES LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 1641 /MUM/2019 (ASSESSMENT YEAR: 2009 - 10) DCIT - 3(2)(2) ROOM NO. 674, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 VS. M/S KELTECH ENERGIES LTD. 4 TH FLOOR, NARIMAN POINT MUMBAI - 400021 PAN NO. AAACK4702A (REVENUE) (ASSESSEE) ASSESSEE BY : SHRI SHRIPAD CHAUHAN, A.R REVENUE BY : SHRI GURBINDER SINGH , D.R DATE OF HEARING : 24 /06 /2021 DATE OF PRONOUNCEMENT : 24 /06 /2021 ORDER PER RAVISH SOOD, J.M: THE CAPTIONED APPEAL FILED BY THE RE VENUE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 8 , MUMBAI, DATED 28.01 .2019, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 147 OF THE INCOME - T AX ACT, 1961, DATED 30.08.2016 FOR A.Y. 2009 - 10. 2. THE DEPARTMENT HAS PLACED ON OUR RECORD A LETTER DATED 22.06.2021 , WHEREIN IT IS STATED THAT AS PER AN E - MAIL RECEIVED FROM THE DCIT - 4(1)(1), BENGALURU, THE ASSESSEE HAS FILED FORM NO.1 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAD D EPOSITED 50% OF THE DISPUTED TAX WITH RESPECT TO THE CAPTIONED APPEAL. COPY OF THE FORM 3 ISSUED BY THE PR. CIT, BENGALURU ALONG WITH FORM 4 REGARDING DEPOSIT OF AMOUNT U/S 5(2) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAS BEEN FILED ALONGWITH THE SAID LETTER . 3 . IN VIEW OF THE ABOVE, WE DISMISS THE REVENUES APPEALS AS WITHDRA WN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THEN, THE APPELLANT REVENUE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS AFORESAID APPEAL. ITA NO.1641/MUM/2019 A.Y. 2009 - 10 DCIT - 3(2)(2) VS. M/S KELTECH ENERGIES LTD. 2 4 . RESULTANTLY, THE APPEA L IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 24 /0 6 /2021. SD/ - SD/ - ( RAJESH KUMAR ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 24 .0 6 .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)