MAHINDRA AEROSTRUCTURES PVT. LTD., MUMBAI V. DCIT-CIRCLE -7(1)(1), MUMBAI

ITA 1749/MUM/2019

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 8962 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 25-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET SINGH DUGGAL
• Assessee Lawyers: SHWETA MAJADIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.1749/M/2019 ASSESSMENT YEAR: 2012-13 M/S. MAHINDRA AEROSTRUCTURE PVT. LTD., MAHINDRA TOWERS, P.K. KURNE CHOWK, WORLI, MUMBAI 400 018 PAN: AAGCM9904J VS. DCIT, CRICLE 7(1)(1), AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI SHWETA MAJADIK, A.R. REVENUE BY : SHRI MANPREET SINGH DUGGAL, D.R. DATE OF HEARING : 09.11.2020 DATE OF PRONOUNCEMENT : 14.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 31.10.2018 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2012-13. 2. THE ASSESSEE HAS CHALLENGED THE ORDER OF LD. CIT(A) ONLY ON THE GROUND THAT LD. CIT(A) HAS CONFIRMED THE DISALLOWANCE OF RS.99,87,783/- BOOKED BY THE ASSESSEE UNDER VARIOUS HEADS WHICH HAS BEEN DISALLOWED BY THE AO. 3. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS GOING IN FOR VIVAD SE VISHVAS SCHEME UNDER ITA NO.1749/M/2019 M/S. MAHINDRA AEROSTRUCTURE PVT. LTD. 2 THE DIRECT TAX ACT, 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 4. SINCE THE ASSESSEE IS GOING FOR VIVAD SE VISHVAS SCHEME, 2020 THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.12.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 14.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.