DDIT (I.T) - 2(2), MUMBAI V. M/s. UPS SUPPLY CHAIN SOLUTIONS / SERVICES INC., MUMBAI

ITA 3280/MUM/2006

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5333 (ITAT-MUMBAI)
• Duration Of Justice: 15 year(s) 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 2002-2003
• Appeal Filed On: 24-05-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIKA SULTANIA

Judgement Text

ITA NO. 3280/MUM/2006 ASSESSMENT YEAR: 2002 - 03 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT)] AND SAKTIJIT DEY (JUDICIAL MEMBER)] ITA NO. 3280/MUM/2006 ASSESSMENT YEAR: 2002 - 03 DEPUTY DIRECTOR OF INCOME TAX (IT) - 2(2) MUMBAI .. APPELLANT VS. UPS SUPPLY CHAIN SOLUTIONS INC. .. RESPONDENT C/O. BSR & CO., CAS., KPMG HOUSE, KAMLA MILLS COMPOUND, 448, SENAPATI BAPAT MARG, MUMBAI 400013 [PAN: AAACU5644B ] APPEARANCES: VIJAY KUMAR SUBRAMANIYAM FOR THE APPELLANT MS. ASHIKA SULTANIA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JULY 28, 2021 DATE OF PRONOUNCEMENT : SEPTEMBER 23, 2021 O R D E R PER PRAMOD KUMAR, VP: 1. THIS APPEAL, FILED BY THE ASSESSING OFFICER, CALL INTO QUESTION THE CORRECTNESS OF THE ORDER DATED 21.03.2006, PASSED BY THE LD. CIT(A) - VI, MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2002 - 03. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL AND THE ASSESSEE HAS ALSO FILED FORM 5, 1 & 2 ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHEME 2020. 3. LEARNED DEPARTMENTAL R EPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE AND LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO AGREED THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN WITH SIMILAR RIGHT OF REVIVAL OF THE APPEAL. 4. THERE IS NO DISPUTE TH AT ONCE THE MATTER IS RESOLVED UNDER VIVAD SE VISHWAS SCHEME 2020, THE RELATED APPEAL IS REQUIRED TO BE WITHDRAWN. ITA NO. 3280/MUM/2006 ASSESSMENT YEAR: 2002 - 03 PAGE 2 OF 2 5. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO DISMISS THIS APPEAL AS WITHDRA WN. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 23 RD DAY OF SEPTEMBER 2021. S D / - S D / - SAKTIJIT DEY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 23 RD DAY OF SEPTEMBER 2021. COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR /SR. PS INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI