MEGA REACH NOVEX COMMUNICATION PVT LTD., Mumbai V. DCIT 10(3)(2), Mumbai

ITA 2452/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4714 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 18-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 201; 13; 12

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO S. 2451 TO 2452 / MUM/ 201 9 ( / ASSESSMENT YEAR S : 20 12 - 13 & 2013 - 14 ) MEGA REACH NOVEX COMMUNICATION PVT. LTD. A - 602, EVEREST GRANDE SHANTI NAGAR MAHAKALI CAVES RD. ANDHERI EAST, MUMBAI - 400093 . / VS. DCIT 10(3)(2) R. NO. 209, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AAFCM 2869 M ( / AP PELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 01 / 02 / 20 2 1 /DATE OF PRONOUNCEMENT: 01 / 0 2 / 20 21 / O R D E R PER AMARJIT SINGH (JM) : THESE APPEAL S FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 30 . 01 .201 9 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 17 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y S . 201 2 - 13 & 2013 - 14 . 2 . WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WHE N THESE APPEAL S WERE CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARAT ION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL S . IN RESPONSE TO THE SUGGE STION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL S BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL S ARE PROTECTED, IN ASSESSEE BY : SHRI SHALIN REVENUE BY: SHRI SANJAY SETHI (DR) ITA NO S . 2451 & 2452 /M/201 9 A.Y S . 2012 - 13 & 2013 - 14 2 THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER TH E VIVAD SE VISHWAS SCHEME. 3 . THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL S AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL S . 5 . IN THE RESULT, THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 01 / 02 /202 1 SD/ - SD/ - ( M. BALAGANESH ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 01 / 02 / 2021 V IJAY PAL SINGH ( SR.PS ) / COPY OF THE ORDE R 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