DCIT CC 3, Thane V. M/S TEENA HOUSING FINANCE LTD., Mumbai

ITA 3721/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6360 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 29-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.3721/M/2019 ASSESSMENT YEAR: 2010-11 DCIT CENTRAL CIRCLE-3, ROOM NO.12, A-WING, 6 TH FLOOR, ASHAR I.T. PARK, ROAD NO.16-Z, WAGLE INDUSTRIAL ESTATE, THANE (W)- 400 604 VS. M/S. TEENA HOUSING FINANCE LTD., 432/32, RAHIM CHAMBERS, VIJAYWADI, CHIRA BAZAR, MUMBAI 400 002 PAN: AABCT3656R (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : MS. VINITA SHAH, A.R. REVENUE BY : SHRI SANJEEV KASHYAP, D.R. DATE OF HEARING : 24.06.2021 DATE OF PRONOUNCEMENT : 24.06.2021 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 18.03.2019 OF THE COMMISSIO NER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS TH E CIT(A)] RELEVANT TO ASSESSMENT YEAR 2010-11. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE B ROUGHT TO THE NOTICE OF THE BENCH THAT THE ASSESSEE HAS GONE INTO VIVAD SE VISHWAS SCHEME AND FORM NO.3 HAS ALREADY BEEN ISSUED . THE LD. A.R., THEREFORE, PRAYED BEFORE THE BENCH THAT A PPEAL MAY KINDLY BE DISMISSED. THE LD. D.R. FAIRLY CONCEDED T HAT FORM 3 HAS BEEN ISSUED TO THE ASSESSEE AS A COPY OF THE SA ME IS FURNISHED TO HIM. ITA NO.3721/M/2019 M/S. TEENA HOUSING FINANCE LTD. 2 3. AFTER HEARING BOTH THE SIDES AND PERUSING THE MA TERIALS BEFORE US, WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE AS THE ASSESSEE HAS AVAILED THE VIVAD SE VISHWAS SC HEME AND FORM NO.3 HAS ALREADY BEEN ISSUED. HOWEVER THE DR I S AT LIBERTY TO GET THE APPEAL RESTORED IN CASE OF ASSESSEE NOT MEETING ALL STIPULATIONS OF VIVAD SE VISHWAS SCHEME. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.06.2021. SD/- SD/- (SAKTIJIT DEY) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 24.06.2021. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY /ASSTT. REGISTRAR, ITAT, MUMBAI.