HBO PACIFIC PARTNERS V.O.F., MUMBAI V. THEDY. DIRECTOR OF I.TAX-(I.T) RANG E 3(1), MUMBAI

ITA 3782/MUM/2010

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9812 (ITAT-MUMBAI)
• Duration Of Justice: 11 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Assessment Year: 2004-2005
• Appeal Filed On: 11-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SS IYENGAR
• Assessee Lawyers: P CHANDRAMANIYA
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.3782/MUM/2010 (A.Y: 2004-05) HBO PACIFIC PARTNERS VOF C/O PRICE WATER HOUSE, PLOT 18/A, GURU NANAK ROAD, BANDRA(W) 400050 VS. DCIT(IT) RANGE 3(1) SC INDIA HOUSE, NM ROAD, BALLARD ESTATE, MUMBAI 400038. ./ ./ PAN/GIR NO. : AADFH6451P APPELLANT .. RESPONDENT APPELLANT BY : SHRI P . CHANDRAMANIYA, AR RESPONDENT BY : SH RI S . S . IYENGAR, DR DATE OF HEARING 28 .0 6 .2021 DATE OF PRONOUNCEMENT 29 .0 6 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-10, MUM BAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, THE AR OF THE ASSESSEE HAS FILED A LETTER MENTIONING THAT THE ASSESSEE INTEND TO S ETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020 (VSVS2020) AND FILED AN APPLICATION IN FORM N O. 1 ITA NO. 3782/MUM/2010 HBO PACIFIC PARTNERS VOF, MUMBAI - 2 - & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE A LETTER WAS FILED MENTIO NING THAT THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TA X DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WIL L 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29.06.2021. SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 29.06.2021 KRK, PS ITA NO. 3782/MUM/2010 HBO PACIFIC PARTNERS VOF, MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBA