MATRIX PUBLICITIES AND MEDIA INDIA P.LTD, MUMBAI V. ASST CIT 12(3)(2), MUMBAI

ITA 2308/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7674 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 31-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET DUGGLE
• Assessee Lawyers: PRIYAL
• Section: 144C; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J , MUMBAI BEFORE S HRI SAKTIJIT DEY (JM) AND SHRI N.K. PRADHAN (AM ) IT (TP)A NO. 2308 /MUM/2017 ASSESSMENT Y EAR: 2012 - 13 M/S MATRIX PUBLICITIES AND MEDIA INDIA PRIVATE LIMITED, COMMERZ, 9 TH FLOOR, IN TERNATIONAL BUSINESS PARK, OBEROI GARDEN CITY, OFF WESTERN EXPRESS HIGHWAY, GOREGAON (E), MUMBAI - 400063 PAN : AADCM8510H VS. THE ASST. COMMISSIONER OF INCOME TAX , CIRCLE - 12 (3) (2), ROOM NO. 147B, 1 ST FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : PRIYAL (AR) REVENUE BY : SHRI MANPREET DUGGLE ( D R) DATE OF HEARING: 14 /12 /2020 DATE OF PRONOUNCEMENT: 18 / 01 /202 1 O R D E R PER S AKTIJIT DEY , JM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ASSESSMENT ORDER DATED 31.01.2017 PASSED U/S 143 (3) R.W.S 144C (13) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2012 - 13 IN PURSUANCE TO DIRECTIONS OF LEARNED DISPUTE RESOLUTION PANEL (DRP) 3 , MUMB AI. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIAL ON RECORD. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED , ASSESSEE HAS FILED APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL. A LETTER DA TED 13 TH DECEMBER, 2020 ENCLOSING THE ACKNOWLEDGEMENT IN FORM NO. 1 AND 2 HAVE ALSO BEEN FILED BEFORE US. CONSIDERING THE FACT THAT THE AS SESSEE HAS OPTED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS ACT, 2020 , W E ARE INCLINED TO DISMISS THE APPEAL AS W ITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF 2 IT (TP)A NO. 2308 / MUM/2017 ASSESSMENT YEAR: 2012 - 13 THIS APPEAL , IN THE EVENT , THE DECLARATION FILED UNDER THE VIVAD SE VISHWAS ACT, 2020 IS NOT ACCEPTED BY THE DEPARTMENT. IN THE RESULT , APPEAL FILED BY THE ASSESSEE IS DISMISSED WITH THE AFOREMENTIONED LIBERTY . ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JANUARY , 2021 . SD/ - SD/ - ( N.K. PRADHAN ) ( S AKTIJIT D EY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 18 / 01 /202 1 ALINDRA, PS / 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./ASSTT. REGISTRAR) , / ITAT, MUMBAI