ASIAN BOILER ENGINEERS P.LTD, MUMBAI V. ITO WD 6(1)(3), MUMBAI

ITA 3546/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0425 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 24-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV HARIT
• Section: 271(1)(c); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI PROMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 3546/MUM/2019 ( ASSESSMENT YEARS: 2012-13 ) ASIAN BOILER ENGINEERS PVT LTD., 130-A, GOLANI HILL ROAD, SEWREE, MUMBAI 400015 / VS. ITO, WARD 6(1)(3) MUMBAI. ./ ./ PAN/GIR NO. : AADCA3203H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI TANZIL R. PADVEKAR, AR / RESPONDENT BY : SHRI RAJEEV HARIT, CIT- DR / DATE OF HEARING 16/12/2020 !'# / DATE OF PRONOUNCEMENT 18/12/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -12, MUMBAI, PASSED U/S. 271(1)(C) 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 ITA NO . 3546 /MUM/2019 ASIAN BOILER ENGINEERS PVT LTD., MUMBAI. - 2 - 2020(VSVS2020). THE LD.AR FURTHER SUBMITTED THAT THE ASSESSEE HAS FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS 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 AN APPLICATION AS ENVISAGED BY THE LD.AR. WE ARE OF TH E 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 18.12.2020 SD/- SD/- (PRAMOD KUMAR) (PAVAN KUMAR GADALE ) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED 18/12/2020 ITA NO . 3546 /MUM/2019 ASIAN BOILER ENGINEERS 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 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI