AVIN PUMPS P. LTD, MUMBAI V. DCIT 9(1)(2), MUMBAI

ITA 3530/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8993 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURUBINDER SINGH
• Assessee Lawyers: INDRA ANAND
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 3530/MUM/2016 (A.Y: 2009-10 ) AVIN PUMPS P. LTD., D-4/95, BHARUCHA BAUG, S.V. ROAD, ANDHERI (W), MUMBAI 400058 / VS. DCIT 9(1)(2) MUMBAI. ./ ./ PAN/GIR NO. : AAACA4004H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. INDRA ANAND, AR / RESPONDENT BY : SHRI GURUBINDER SINGH, DR / DATE OF HEARING 05/01/2021 !'# / DATE OF PRONOUNCEMENT 06/01/2021 / 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) - 16, MUMBAI, PASSED U/S. 143(3) R.W.S 254 AND 250 OF THE INCOME TAX ACT, 1961. 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 ITA NO S. 3530 /MUM/2016 AVIN PUMPS P. LTD., MUMBAI. - 2 - 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 A LETTER DATED 04.01.2021 MENTIONING THAT THE ASSESSE E 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 APPE AL 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 06.01.2021 SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 06.01.2021 ITA NO S. 3530 /MUM/2016 AVIN PUMPS P. 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 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI