M/S FRITZ FREIGHT FORWARDING INDIA P. LTD, Mumbai V. THE ACIT CEN CIR 18 & 19, Mumbai

ITA 3030/MUM/2004

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3771 (ITAT-MUMBAI)
• Duration Of Justice: 16 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 27-04-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHIKA SULTANIA
• Section: 22

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI , ,# $ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI RAJESH KUMAR, ACCOUNTANT MEMBER . 4100/ / 2002 ((. . 1998-99 ) ITA NO.4100/MUM/2002(A.Y.1998-99) . 666/ / 2003 ((. . 1999-2000 ) ITA NO.666/MUM/2003(A.Y.1999-2000) DCIT/ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIR.8(1), AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ...... * / APPELLANT ( VS. FRITZ FREIGHT FORWARDING INDIA LTD. CHUNNAWALA, KONDIVITA RD, ANDHERI KURLA RD, ANDHERI(E) MUMBAI 400 059 PAN: AAACF0671R ..... +,/ RESPONDENT . 3030/ / 2004 ((. . 2000-01 ) ITA NO.3030/MUM/2004(A.Y.2000-01) FRITZ FREIGHT FORWARDING INDIA LTD. CHUNNAWALA, KONDIVITA RD, ANDHERI KURLA RD, ANDHERI(E) MUMBAI 400 059 PAN: AAACF0671R ..... * / APPELLANT VS. DCIT/ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIR.8(1), AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ..... +,/ RESPONDENT 2 FRITZ FREIGHT FORWARDING (I) P LTD. ASSESSEE BY : MS. ASHIKA SULTANIA REVENUE BY : SHRI S.S.IYENGAR (-, / DATE OF HEARING : 22/02/2021 ./0 -, / DATE OF PRONOUNCEMENT : 22/02/2021 / ORDER PER BENCH: THE APPEALS BY THE REVENUE FOR ASSESSMENT YEAR 1998-99 AND 1999-2000 ARE DIRECTED AGAINST THE ORDERS OF COMMISSIONER OF INCO ME TAX (APPEALS)-VIII, DATED 05/04/2002 AND 01/11/2002 RESPECTIVELY. THE APPEAL OF THE ASSESSEE IS FOR ASSESSMENT YEAR 2000-01 AGAINST THE ORDER OF CIT(A) CENTRAL-V I, MUMBAI DATED 30/01/2004. 2. A LETTER DATED 04/02/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR SETTLEMENT OF THESE APPEAL S THROUGH VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). 3. SHRI SANJAY SINGH, REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO SETTLE THESE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSES SEES DECLARATION UNDER VSVS FOR THE ASSESSMENT YEARS 1998-99 AND 1999-2000 HAVE BEEN ACCEPTED AND THE DESIGNATED AUTHORITY HAS ISSUED FORM-3. IN VIEW OF ABOVE, THE APPEALS FILED BY THE REVENUE HAVE BECOME INFRUCTUOUS AND ARE THUS, LIABLE TO BE DISM ISSED, AS SUCH. 5. THE ASSESSEE HAS NOT RECEIVED COMMUNICATION REGA RDING ACCEPTANCE OF DECLARATION, SO FAR FOR ASSESSMENT YEAR 2000-01. T HE ASSESSEE HAS SOUGHT LIBERTY TO REVIVE THE APPEAL IN CASE DECLARATION UNDER VSVS I S REJECTED FOR ANY REASON. 6. LIBERTY IS GRANTED TO THE ASSESSEE AND THE DEPA RTMENT TO REVIVE THEIR RESPECTIVE APPEAL(S) IN THE EVENT DECLARATION FILED BY THE AS SESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT 3 FRITZ FREIGHT FORWARDING (I) P LTD. INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACC OUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF ) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIG H COURT] 7. THE APPEALS BY REVENUE ARE DISMISSED AS INF RUCTUOUS AND APPEAL BY THE ASSESSEE IS DISMISSED AS WITHDRAWN, WITH LIBERTY AF ORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY THE 22 ND DAY OF FEBRUARY, 2021. SD/- SD/- (RAJESH KUMAR) (VIKAS AWAS THY) # / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 1(/ DATED 22/02/2021 VM , SR. PS (O/S) +,230, COPY OF THE ORDER FORWARDED TO : 1. * / THE APPELLANT , 2. +, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56+,( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI