Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 9621 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 2 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
26-07-2021
Appeal Filed By
Department
Order Result
Allowed
Bench Allotted
D
Assessment Year
2007-2008
Appeal Filed On
06-05-2019
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT, AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 2904/MUM./2019 ( ASSESSMENT YEAR : 20 07 10 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 2(2)(2), MUMBAI . APPELLANT V/S MAHINDRA TRUCKS & BUSES LTD. (FORMERLY KNOWN AS MAHINDRA NAVISTAR AUTOMOTIVE LTD.) GATEWAY BUILDING, APPOLLO BUNDER FORT, MUMBAI 400 001 PAN AAACM7863L . RESPONDENT REVENUE BY : SHRI BHARAT ANDHLE ASSESSEE BY : SHRI VIRAL SHAH DATE OF HEARING 26 . 0 7 .202 1 DATE OF ORDER 26.07.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HA S BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 11 TH FEBRUARY 2019 , PASSED BY THE LEARNED CIT(A) 5, MUMBAI, FOR THE ASSESSMENT YEAR 20 07 08 . 2. WHILE GOING THROUGH THE RECORD AVAILABLE BEFORE US, WE FIND THAT T HE ASSESSEE HAS FILED A LETTER DATED 5 TH JANUARY 2021 , INTIMATING THAT 2 TEERTH MERCANTILE PVT. LTD. THE ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020 , AND HENCE SOUGHT ADJOURNMENT. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT OBJECT TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE . 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSES SEE HA S APPLIED FOR SETTLEMENT OF THE TAX DISPUTE UNDER VSVS, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY KEEPING THE MATTER ALIVE. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO NOT OBJECTED TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSE E OR THE CONTENTS OF THE AFORESAID LETTER FILED BY THE ASSESSEE. C ONSEQUENTLY, WE DEEM IT FIT AND APPROPRIATE TO TREAT THE REVENUES APPEAL AS DISMISSED IN TERMS INDICATED ABOVE. 5. IN THE RESULT, REVENUES APPEAL S ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.07.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 26.07.2021 3 TEERTH MERCANTILE PVT. LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI
