DCIT CC-6(1), MUMBAI V. ASHAR REALATORS, MUMBAI

ITA 1710/MUM/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 5628 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 16-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV HARIT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENCH MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.1710 & 1711/MUM/2018 ( ASSESSMENT YEARS: 2009-10 & 2010-11 ) DCIT, CC-6(1) ROOM NO.1905, 19 TH FLOOR AIR INDIA BUILDING, NARIMAN POINT MUMBAI-400 021 VS. M/S. ASHAR REALTORS GROUND FLOOR, ASHAR IT PARK, ROAD NO.16Z, WAGLE INDUSTRIAL ESTATE THANE(WEST)-400 064 PAN/GIR NO. AAHFA1708J ( APPELLANT ) .. ( RESPONDENT ) & ITA NO.1719 & 1721/MUM/2018 ( ASSESSMENT YEARS: 2008-09 & 2010-11 ) DCIT, CC-6(1) ROOM NO.1905, 19 TH FLOOR AIR INDIA BUILDING, NARIMAN POINT MUMBAI-400 021 VS. M/S. ASHAR REALTY PVT.LTD. GROUND FLOOR, ASHAR IT PARK, ROAD NO.16Z, WAGLE INDUSTRIAL ESTATE THANE(WEST)-400 064 PAN/GIR NO. AAGCA1336C ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY SHRI RAHUL HAKANI, AR REVENUE BY SHRI RAJEEV HARIT, DR DATE OF HEARING 2 2/12 /2020 DATE OF PRONOUNCEMENT 23/12/2020 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : THESE FOUR APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST COMMON ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)- 54, MUMBAI, DATED 18/12/2017 FOR THE ASST. YEARS 2008-09,2009-10 ITA NOS.1710,1711/MUM/2018 M/S.ASHAR REALTORS & 1719,1721/MUM/2018 M/S. ASHAR REALTY PVT.LTD. 2 & 2010-11. SINCE, FACTS ARE IDENTICAL AND ISSUES ARE COMMON, FOR THE SAKE OF CONVENIENCE, THESE APPEALS WERE HEARD TOGETHER AND ARE DISPOSED-OFF BY THIS CONSOLIDATED ORDER. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISWAS SCHEME 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISHVAS SCHEME 2020, THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. WE ARE INCLINED TO DISMISS THE APPEALS OF THE REVENUE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNUSAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO REVENUE TO GET THESE APPEALS RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23/12/2020 SD/- (AMARJIT SINGH) SD/- (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 23/12/2020 COPY 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//