INTERACTIVE TRADEX INDIA LTD, MUMBAI V. ITO 6(3)(2), MUMBAI

ITA 348/MUM/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9343 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: misc
• Appeal Filed On: 16-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA PARDESH
• Assessee Lawyers: SNEHAL BAMNE
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 348/MUM/2017 (A.Y: 2012-13 ) INTERACTIVE TRADEX INDIA LTD., 602, JAI AMBE CHS LTD., NEW HUJU VERSOVA ROAD, ANDHERI, MUMBAI 400053 / VS. ITO 6(3)(2) R.NO. 147B, 1 ST FLOOR, AAYAKAR BHAVAN, MUMBAI 400020. ./ ./ PAN/GIR NO. : AACPM9913K ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. SNEHAL BAMNE, AR / RESPONDENT BY : MS. SHREEKALA PARDESH, DR / DATE OF HEARING 27/01/2021 !'# / DATE OF PRONOUNCEMENT 28/01/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 12, MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME ITA NO S. 348 /MUM/2017 M/S. INTERACTIVE TRADEX INDIA PVT LTD.,MUMBAI. - 2 - 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 LETTE R DATED 27-01-2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.01.2021 SD/- SD/- (S. RIFAUR RAHMAN) (PAVAN KUMAR GADAL E) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 28.01.2021 ITA NO S. 348 /MUM/2017 M/S. INTERACTIVE TRADEX INDIA PVT LTD.,MUMBAI. - 3 - KRK, PS / 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 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBA