MANTRA EXPORTS PVT. LTD., MUMBAI V. C.I.T.-8, MUMBAI

ITA 2637/MUM/2012

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0412 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 19-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NITESH JOHSI

Judgement Text

ITA NO. 2637/MUM/2012 ITA NO. 7248/MUM/2014 ASSESSMENT YEAR: 2007 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND AMARJIT SINGH (JUDICIAL MEMBER)] ITA NO. 2637/MUM/2012 ITA NO. 7248/MUM/2014 ASSESSMENT Y EAR: 2007 - 08 M/S. MANTRA EXPORTS PVT. LTD., .APPELLANT 12B/C, STEEL MADE INDL. ESTATE, MAROL MAORSHI ROAD, ANDHERI (E), MUMBAI 400059. [PAN: AAACM7287J ] VS ACIT, RANGE 8(2) ..........RESPONDENT MUMBAI APPEARANCES BY NITESH JOHSI FOR THE APPELLANT RAHUL RAMAN FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 28 TH , 2020 DATE OF PRONOUNCEMENT : NOVEMBER 12 TH , 2020 ORDER PER PRAMOD KUMAR, VP: 1. BY WAY OF THESE APPEAL S , THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 28.03.2012 PASSED BY THE LEARNED CIT(A) - 8 , MUMBAI IN THE MATTER OF ASSESSMENT 263 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 20 07 - 08 . 2. WHEN THESE APPEALS WERE CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY D ECLARATION 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. ITA NO. 2637/MUM/2012 ITA NO. 7248/MUM/2014 ASSESSMENT YEAR: 2007 - 08 PAGE 2 OF 2 HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEALS AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNFORESEEN EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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. 5. IN THE RESULT, THE SE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 12 TH NOVEMBER , 20 20 . SD/ - SD/ - AMARJIT SINGH PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 12 TH DAY OF NOVEMBER, 2020 NISHANT VERMA, SR. SP COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI