ANANDA FILM & TELECOMMUNICATION P. LTD , MUMBAI V. ASST CIT CIR 16(1), MUMBAI

ITA 3118/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9049 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 10-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 271(1)(c); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 3118 & 3119/MUM/2019 (A.YS: 2011-12 & 2010-11 ) ANAND FILM & TELECOMMUNICATION P. LTD., 1101 RAHEJA CLASSIQUE, BUILDING NO. 3, NEW LINK ROAD, ANDHERI (W), MUMBAI 400053 / VS. ACIT, CIRCLE 16(1) AAYAKAR BHAVAN, M.K ROAD, MUMBAI. ./ ./ PAN/GIR NO. : AADCA0599E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ASHOK MEHTA, AR / RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR / DATE OF HEARING 01/01/2021 !'# / DATE OF PRONOUNCEMENT 01/01/2021 / O R D E R PER BENCH: THE ASSESSEE HAS FILED THESE TWO APPEALS AGAINST THE SEPARATE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) - 4, MUMBAI, PASSED U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961. ITA NO S. 3118 & 3119 /MUM/2019 - 2 - 2. AT THE TIME OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE IS A DELAY OF 54 DAYS IN FILING THE APPEALS BEFORE THE HONBLE TRIBUNAL AND FILED THE AFFIDAVIT FOR CONDONATION OF DELAY. WE FO UND THE FACTS MENTIONED IN THE AFFIDAVIT ARE REASONABLE AND ACCORDINGLY CONDONE THE DELAY AND ADMIT THE APPEALS. CONTRA, LD. DR HAS NO SPECIFIC OBJECTION. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED THE LETTER MENTIONING THAT THE ASSESSEE INTENDED TO SE TTLE ITA NO S. 3118 & 3119 /MUM/2019 - 3 - THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS 2020). WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.01.2021 SD/- SD/- (PRAMOD KUMAR) (PAVAN KUMAR G ADALE ) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED 01.01.2021 KRK, PS ITA NO S. 3118 & 3119 /MUM/2019 - 4 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' # , / ITAT, MUMBAI ITA NO S. 3118 & 3119 /MUM/2019 - 5 - DATE INITIAL 1. DRAFT DICTATED ON 01.01.2021 PS 2. DRAFT PLACED BEFORE AUTHOR 01.01.2021 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER PS 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. PS 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 2. OTHER MEMBER ON WHICH THE