OERLIKON TEXTILE INDIA P.LTD, MUMBAI V. ASST CIT CIR 3(2)(2), MUMBAI

ITA 2042/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1200 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 22-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET SINGH DUGGLE
• Assessee Lawyers: NISHANT SHAH
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , J BENCH MUMBAI BEFORE : SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT M EMBER ITA NO. 2042 /MUM/ 20 17 ( ASSESSMENT YEAR : 2012 - 13 ) M/S. OERLIKON TEXTILE INDIA P. LTD., EMPIRE INDUSTRIES COMPLEX 414, SENAPATI BAPAT MARG LOWER PAREL 400 012 MUMBAI VS. ASST. CIT CIR 3(2)(2) R.NO.608, 6 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI - 400 020 PAN/GIR NO. AAACB4026C (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI NISHANT SHAH REVENUE BY SHRI MANPREET SINGH DUGGLE DATE OF HEARING 08 / 07 /202 1 DATE OF PRONOUNCEMENT 08 / 07 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 2042/MUM/2017 FOR A.Y. 2012 - 13 PREFERRED BY THE ORDER AGAINST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER DATED 30/01/2017 U/S.143(3) R.W.S.144C(13) OF THE INCOME TAX ACT, HEREINAFTER REFERRED TO AS ACT, PURSUANT TO THE DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL (DRP IN SHORT) U/S.144C(5) OF THE ACT DATED 06/12/2016 FOR THE A.Y.2012 - 13. ITA NO . 2042/MUM/2017 M/S.OERLIKON TEXTILE INDIA P. LTD., 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 07/07/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAIN ED FORM - 5 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. LD. DR ALSO AGREED THAT THE FORM - 5 HAS BEEN RECEIVED. 3. IN VIEW OF T HIS, WE HEREBY DISMISS THE APPEAL PENDING BEFORE US . 4. IN THE RESULT, APPEAL OF THE A SSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN OPEN COURT ON 08 / 07 /202 1 . SD/ - ( VIKAS AWASTHY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 08 / 07 / 2021 K ARUNA , SR.PS ITA NO . 2042/MUM/2017 M/S.OERLIKON TEXTILE INDIA P. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI DATE INITIAL 1. DRAFT DICTATED ON SR.PS 2. DRAFT PLACED BEFORE AUTHOR SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/ AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOE S TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//