M/S RAKESH UDYOG, Thane V. ITO-19(3)(1), Mumbai

ITA 1943/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3531 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 03-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANKI BUBNA
• Section: 143(3)

Judgement Text

ITA NO. 1943/MUM/2019 A.Y. 2010 - 11 M/S RAKESH UDYOG VS. ITO - 19(3)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI PRAMOD KUMAR ( VICE PRESIDENT ) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 1943/MUM/2019 (ASSESSMENT YEAR: 2010 - 11 ) M/S RAKESH UDYOG PAWAR COMPOUND, SIDDHESHWAR TALAO, OPP CADBURY COMPANY, EASTER EXPRESS HIGHWAY, THANE MAHARASHTRA - 400601 VS. INCOME TAX OFFICER - 19(3)(1) ROOM NO. 202, MATRU MANDIR, TARDEO, MUMBAI - 400007 PAN NO. AACFR 7531D (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI ANKI BUBNA , A.R REVENUE BY : SHRI BHARAT ANDHALE , D.R DATE OF HEARING : 29 /04 /2021 DATE O F PRONOUNCEMENT : 03 /06 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT (APPEALS) - 3 , MUMBAI , DATED 03.12.2018, WHICH IN TURN ARISES FROM THE ASSESSMENT ORD ER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S. 147 OF THE ACT , DATED 17.02.2016 F OR ASSESSMENT YEAR 2010 - 11 . 2. THE ASSESSEES COUNSEL HAD STATED THAT THE ASSESSEE FIRM HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MAT TER PENDING BEFORE THE TRIBUNAL AND HAS BEEN ISSUED FORM 4 BY THE DESIGNATED AUTHORITY. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS STATED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESO LVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 1943/MUM/2019 A.Y. 2010 - 11 M/S RAKESH UDYOG VS. ITO - 19(3)(1) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUN CED IN THE O PEN COURT ON 03 /06 /2021. SD/ - SD/ - ( PRAMOD KUMAR ) (RAVISH SOOD) VICE PRESIDENT JUDICIAL MEMBER MUMBAI ; DATED: 03 . 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) ITAT, MUMBAI