DCIT 14(1)(2), MUMBAI V. CA (INDIA) TECHNOLOGIES P.LTD, MUMBAI

ITA 1922/MUM/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8734 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 27-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAURAV BATHAM
• Assessee Lawyers: KARAN MEHTA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “K” MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) ITA No. 1922/MUM/2016 Assessment Year: 2011-12 The Dy. CIT-14(1)(2), Room No. 470, 4 th floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. Vs. M/s CA(India) Technologies P. Ltd., Gr. Flr., Vibgyor Tower, Plot C-62, G- Block, BKC, Bandra (E), Mumbai-400051. PAN No. AAACC 4971 D Appellant Respondent CO No. 155/MUM/2016 (ITA No. 1922/MUM/2016) Assessment Year: 2011-12 M/s CA(India) Technologies P. Ltd., Gr. Flr., Vibgyor Tower, Plot C-62, G- Block, BKC, Bandra (E), Mumbai-400051. Vs. The Dy. CIT-14(1)(2), Room No. 470, 4 th floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. PAN No. AAACC 4971 D Appellant Respondent IT(TP) No. 2099/MUM/2016 Assessment Year: 2011-12 M/s CA(India) Technologies P. Ltd., Gr. Flr., Vibgyor Tower, Plot C-62, G- Block, BKC, Bandra (E), Mumbai-400051. Vs. The Dy. CIT-14(1)(2), Room No. 470, 4 th floor, Aayakar Bhavan, M.K. Road, Mumbai-400020. PAN No. AAACC 4971 D Appellant Respondent Revenue by : Mr. Gaurav Batham, CIT-DR Assessee by : Mr. Karan Mehta, AR ITA Nos. 1922, CO. No. 155 & IT(TP) 2099/M/2016 M/s CA(India) Technologies P. Ltd. 2 Date of Hearing : 11/11/2021 Date of pronouncement : 11/11/2021 ORDER PER S. RIFAUR RAHMAN, A.M. The captioned appeals filed by the Revenue and cross objection filed by the assessee and another appeal filed by the assessee are directed against the order passed by DCIT-14(1)(1), Mumbai u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 of the Act. 2. At the outset, the Ld. AR submitted that assessee has preferred to settle the issue under Vivad Se Vishwas Act, 2020 and relevant information is filed vide letter dated 31.01.2021. He submitted that assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form No. 3. 3. The Ld. DR also did not object to course so suggested. 4. Heard the learned Counsels for both the parties and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal, as it has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, and received the confirmation of Form No. 3. The Department also accepted the settlement scheme under VSV Scheme, we deem it fit to dismiss the appeal filed by the assessee as well as cross-objection. With regard to appeal filed by the Revenue we notice that revenue has accepted the application filed by issue of Form No. 3. The Department appeal also deserves to be dismissed. In case for some reason, the Revenue dismiss the plea of the ITA Nos. 1922, CO. No. 155 & IT(TP) 2099/M/2016 M/s CA(India) Technologies P. Ltd. 3 assessee under Vivad Se Vishwas Scheme, 2020, it can apply to restore the matter in due course. 5. In the result, appeal filed by the Revenue and assessee are dismissed as withdrawn. The cross-objections filed by the assessee is also dismissed as withdrawn. Order pronounced in the open Court on 11/11/2021. Sd/- Sd/- (C.N. PRASAD) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 11/11/2021 Rahul Sharma, Sr. P.S. 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// (Dy./Assistant Registrar) ITAT, Mumbai