DCIT - 12(2)(2), MUMBAI V. M/S GLOBUS STORES PRIVATE LIMITED, MUMBAI

ITA 3060/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6240 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 09-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSADR
• Section: 5(2)

Judgement Text

1 I.T.A. NO.3060/MUM/2019 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI SAKTIJIT DEY ( JUDICIAL MEMBER) I.T.A. NO.3060/MUM/2019 (ASSESSMENT YEAR : 2007-08) DEPUTY COMMISSIONER OF INCOME-TAX 12(2)(2), MUMBAI VS M/S GLOBUS STORES PVT LTD 3 RD FLOOR,RAHEJAS, CORNER OF MAIN AVENUE & V.P. ROAD, SANTACRUZ (W), MUMBAI-54 PAN : AABCG3579Q (APPELLANT) (RESPONDENT) APPELLANT BY SHRI T.S. KHALSA(DR) RESPONDENT BY HARESH SHAH DT OF HEARING 19-01-2021 DT OF PRONOUNCEMENT 19-01-2021 O R D E R PER SAKTIJIT DEY (JM), THIS IS AN APPEAL BY THE REVENUE AGAINST THE ORDER DATED 15-02-2019 OF LD.CIT(A)-20, MUMBAI FOR THE ASSESSMENT YEAR 2007-08. 2. IN LETTER DATED 18-01-2021, THE LEARNED COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL. FURTHER HE HAS SUBMITTED, IN THE MEANWHILE, ASSESSEES APPLICATION HAS BEEN ACCEPTED BY THE DEPARTMENT AND OFFICIAL ORDER ISSUED IN FORM 5 IN TERMS OF SECTION 5(2) OF THE ACT HAS BEEN RECEIVED BY THE ASSESSEE ON 06-01-2021. THUS, HE SUBMITTED, 2 I.T.A. NO.3060/MUM/2019 THE APPEAL MAY BE DISMISSED AS WITHDRAWN. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED WITH THE AFORESAID SUBMISSION OF THE ASSESSEE. 3. HAVING CONSIDERED RIVAL SUBMISSIONS AND KEEPING IN VIEW THE FACT THAT ASSESSEES APPLICATION UNDER THE DIRECT TAX VIVAD SE VISWAS ACT, 2020 HAS BEEN ACCEPTED BY THE DEPARTMENT AND THE FINAL ORDER IN FORM NO.5 HAS BEEN ISSUED, WE DISMISS THE APPEAL AS WITHDRAWN. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 19/01/2021. SD/- SD/- ( PRAMOD KUMAR) (SAKTIJIT DEY) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED : 19/ 01/2021. PAVANAN, SR.P.S (ON CONTRACT) COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT. 2. THE RESPONENT. 3. THE CIT(A) 4. 4. THE CIT 5. D.R., ITAT, MUMBAI. 6. GUARD FILE. //TRUE COPY// BY ORDER I.T.A.T., MUMBAI.