DY CIT CC 4 (1), MUMBAI V. M/S ZENITH BIRLA INDIA LTD, MUMBAI

ITA 362/MUM/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7145 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2008-2009
• Appeal Filed On: 12-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MITIL CHOKSHI
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘G‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA Nos.362/Mum/2020 & 363/ Mum/ 2020 (Asse ssment Years :2008-09 & 2010-11) Dy. Commissioner of Income Tax, Cen. Circle-4(1) Room No.1918, 19 th Floor Air India Building Nariman Point, Mumbai – 400 021 Vs. M/s. Zenith Birla India Limited 206, Dalamal House 1 st Floor, J.B.Road, Nariman Point Mumbai-400 021 PAN/GIR No.AAACZ0103C (Appellant) .. (Respondent) Revenue by Shri Jayant Jhaveri Assessee by Shri Mitil Chokshi Date of Hearing 01/12/2021 Date of Pronouncement 01/12/2021 आदेश / O R D E R PER M. BALAGANESH (A.M): These appeals in ITA Nos.362/Mum/2020 & 363/Mum/2020 for A.Y.2008-09 & 2010-11 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-52,Mumbai in appeal No.CIT(A)-52/IT-89/DCIT-CC- 4(1)/2016-17 & CIT(A)-52/IT-91/DCIT-CC-4(1)/2016-17 dated 23/10/2019 & 26/04/2016 respectively (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 22/03/2016 by the ld. Dy. ITA No.362 & 363/Mum/2020 M/s. Zenith Birla India Ltd., 2 Commissioner of Income Tax, Central Circle-4(1), Mumbai (hereinafter referred to as ld. AO). 2. We find that the ld. AR filed a letter dated 4 th October 2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-5 from the designated authority thereon, copy of which was enclosed alongwith this letter. Ld. DR also agreed that the Form -5 has been received. 3. In view of this, we hereby dismiss the appeals pending before us. 4. In the result, appeals of the Revenue are dismissed as withdrawn. Order pronounced in the open Court on 01/12/2021 Sd/- (AMARJIT SINGH) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 01/12/2021 KARUNA, sr.ps ITA No.362 & 363/Mum/2020 M/s. Zenith Birla India Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//