M/S SHREEJI GEMS LTD., Mumbai V. DCIT-5(3)(1), Mumbai

ITA 2461/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3256 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 18-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , G BENCH MUMBAI BEFORE : SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT MEMBER ITA NO. 2461 /MUM/ 20 19 ( ASSESSMENT YEAR : 2007 - 08 ) & ITA NO. 2462 /MUM/ 2019 ( ASSES SMENT YEAR : 2008 - 09 ) M/S. SHREEJI GEMS LTD., AW 2111, BHARAT DIAMOND BOURSE, TATA ROAD NO.2 BANDRA KURLA COMPLEX BANDRA (E) MUMBAI 400 004 VS. DCIT - 5(3)(1) ROOM NO.573, AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AAECS3716Q (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI RAVINDER SINDHU DATE OF HEARING 13 / 10 /2021 DATE OF PRONOUNCEMENT 13 / 10 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THESE APPEAL S IN ITA NO. 2641/MUM/2019 & 2462/MUM/2019 FOR A.Y RS . 2007 - 08 & 2008 - 09 ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 10, MUMBAI IN APPEAL NO. CIT(A) - 10/DC - 5(3)(1)/330/2015 - 16 & CIT(A) - 10/DC - 5(3)(1)/43/2016 - 17 DATED 04/01/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSE D U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED ITA NO . 2461/MUM/2019 & 2462/MUM/2019 M/S. SHREE GEMS LIMITED 2 TO AS ACT) DATED 19/03/2015 BY THE LD. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5(3)(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT THE ASSESSEE FILED A LETTER DATED 05/10/2021 MENTIONING THAT AN APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THESE TAX DISPUTE FOR THE YEAR S UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COP IES OF WHICH WERE EN CLOSED ALONGWITH THIS LETTER S . HE ALSO STATED THAT DUE TAXES FOR BOTH THE YEARS HAD ALREADY BEEN PAID BY THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME 2020. 3. IN VIEW OF T HIS, WE HEREBY TREAT THESE APPEALS PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL S RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE R ESULT, APPEALS OF THE ASSESSEE ARE DISMIS SED. ORDER PRONOUNCED IN OPEN COURT ON 13/10/2021. SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 13 / 10 / 2021 KARUNA , SR.PS ITA NO . 2461/MUM/2019 & 2462/MUM/2019 M/S. SHREE GEMS LIMITED 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//