MAGNAMIOUS SYSTEMS PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX RANGE 10(2)(2), MUMBAI

ITA 2658/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8359 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 01-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA PAREDESHI
• Assessee Lawyers: WITHDRAWAL LETTER
• Section: 143(3); 13; 147

Judgement Text

ITA NOS. 2658 & 2659/MUM/2018 AYS. 2012 - 13 & 2014 - 15 M/S MAGNANIMOUS SYSTEMS PVT. LTD. VS. DCIT, RANGE - 10(2)(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO S. 2658 & 2659/MUM/2018 (ASSESSMENT YEAR S : 2012 - 13 & 2014 - 15 ) M/S MAGNANIMOUS SYSTEMS PVT. LTD., 10, CHINTAMANI KUTIR, AZAD ROAD, VILE PARLE (EAST), MUMBAI 400057 VS. DEPUTY COMMISSIONER OF INCOME TAX, RANGE - 10(2)(2), AAYAKAR BHAVAN, ROOM NO. 209, 2 ND FLOOR, MAHARSHI KARVE ROAD, CHURCHGATE, MUMBAI 400020 PAN NO. AABCM3570D (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL LETTER REVENUE BY : MS. SHREEKALA PAREDESHI, D.R DATE OF HEARING : 12 /03/2021 DAT E OF PRONOUNCEMENT : 12 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL S FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE RESPECTIVE ORDER S PASSED BY THE CIT(A) - 17 , MUMBAI, DATED 27.03.2018, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER S PASSED BY THE A.O UNDER SEC. 143(3) R.W. SEC. 147 AND UNDER SEC. 143(3) OF THE I NCOME - T AX ACT, 1961, DATED 30.11.2016 AND 20.12.2017 FOR A.YS. 2012 - 13 & 2014 - 15 , RESPECTIVELY . 2. THE ASSESSEE HAS E - FILED A LETTER ON 17 TH DECEMBER, 2020 , WHEREIN IT IS STATED THAT IT HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER S PEN DING BEFORE THE TRIBUNAL AND HAVE RECEIVED THE CERTIFICATE S UNDER SUB - SECTION (1) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS A CT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER S FORM 3 ISSUED BY THE DESIGNATED AUTHORITY FOR THE SAID RESPECTIVE YEARS . IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AF ORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS HAD BEEN CANVASSED BEFORE US BY THE ASSESSEE APPELLANT VIDE ITS AFOREMENTIONED RESPECTIVE LETTERS . ITA NOS. 2658 & 2659/MUM/2018 AYS. 2012 - 13 & 2014 - 15 M/S MAGNANIMOUS SYSTEMS PVT. LTD. VS. DCIT, RANGE - 10(2)(2) 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE CAPTIONED APPEAL S AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS SAID APPEAL S . 5. RESULTANTLY, THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PR O NOUNCED IN THE OPEN COURT ON 12 /03/2021. S D / - SD/ - ( MANOJ KUMAR AGGARWAL ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 12 .03.2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI