DIMENSION DATA INDIA LTD, MUMBAI V. ASST CIT RG 2(1)(1), MUMBAI

ITA 1924/MUM/2015

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5011 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 01-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 1924/MUM./2015 ( ASSESSMENT YEAR : 20 10 11 ) DIMENSION DATA INDIA LTD. UNIT NO.204 206, TRADE CENTRE LDG KMALA MILL COMPOUND, S.B. MARG LOWER PAREL, MUMBAI 400 013 PAN AAACD2145G . APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX RANGE 2(1)(1), MUMBAI . RESPONDENT ASSESSEE BY : SHRI HARISH SHARMA MS. ANJU KISNADWALA REVENUE BY : MS. USHA GAIKWAD DATE OF HEARING 12 .0 4 .202 1 DATE OF ORDER 12.04.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 22 ND DECEMBER 2014 , PASSED UNDER SECTION 144C(5) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) IN PURSUANCE TO THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL 1, MUMBAI, ( THE DRP ) PERTAINING TO THE ASSESSMENT YEAR 201 0 11 . 2. CONSIDERED THE SUBMISSIONS OF THE LEANED COUNSEL APPEARING FOR BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. WHILE GOING 2 DIMENSION DATA INDIA LTD. THROUGH THE RECORD AVAILABLE BEFORE US, WE FIND THAT THE ASSESSEE HAS FILED A LETTER DATED 1 0 TH APRIL 2021, SEEKING WITHDRAWAL OF THE PRESENT APPEAL. MS. ANJU KISNADWALA, THE LE ANED COUNSEL FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE I S ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM 1 AND 2, OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER ALONG DECLARATION IN FORM NO.1 AND 2, ARE ALSO KEPT ON RECORD. 3. HOWEVER, FORM S NO.3 AND 5 , HAS NOT YET BEEN RECEIVED BY THE ASSESSEE FROM THE REVENUE SIDE. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NOT RAISED ANY OBJECTION WITH REFERENCE TO THE SUBMISSIONS MADE BY THE LEANED COUNSEL FOR THE ASSESSEE. CONSIDERING THE FACT THAT THE ASSESSEE HAS REQUESTED THE REVENUE FOR SETTLIN G THE DISPUTE UNDER THE PROVISIONS OF VSVS, CONSEQUENTLY, WE HOLD THAT THERE IS NO NECESSITY IN KEEPING THE PRESENT APPEAL PENDING SINCE THE ASSESSEE HAS APPROACHED THE REVENUE FOR SETTLING THE DISPUTE UNDER THE PROVISIONS OF VSVS. HOWEVER, SINCE FORM NO.3 AND 5, IS YET TO BE ISSUED BY THE REVENUE SIDE, LIBERTY IS HEREBY GRANTED TO THE ASSESSEE TO RECALL THE PRESENT APPEAL IN THE EVENT REVENUE IS NOT ACCEPTING THE REQUEST OF THE ASSESSEE FOR SETTLING THE DISPUTE UNDER THE PROVISIONS OF 3 DIMENSION DATA INDIA LTD. VSV. WI TH THE SE OBSER VATIONS, WE HOLD THAT THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE DISMISSED AS SUCH IN LIMINE . 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 12.04.2021 SD/ - VIKAS AWASTHY JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 12.04.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI