NELCO LTD., MUMBAI V. A.C.I.T. RG. 15(2)(1), MUMBAI

ITA 3825/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7580 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 30-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: SIDDHI MARULD

Judgement Text

ITA NO.3825/MUM/2019 NELCO LTD. ASSESSMENT YEAR: 2011-12 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.3825/MUM/2019 ( / ASSESSMENT YEAR: 2011-12) NELCO LIMITED EL-6, ELECTRONIC ZONE, MAHAPE, NAVI MUMBAI-400 710. / VS. A CIT - 1 5( 2)(1 ) ROOM NO.357, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. !' ./ ./PAN/GIR NO. AAACT-1983-C ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : MS. SIDDHI MARU-LD. AR REVENUE BY : SHRI THARIAN OOMMEN- LD. DR / DATE OF HEARING : 20/01/2021 / DATE OF PRONOUNCEMENT : 20/01/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR 2011-12, CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHO RITY ON CERTAIN GROUNDS. 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, PLA CED ON RECORD LETTER DATED 19/01/2021 AND SUBMITTED THAT THE ASSE SSEE IS IN THE PROCESS OF SETTLEMENT OF DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 AND THEREFORE, THE HEARING ITA NO.3825/MUM/2019 NELCO LTD. ASSESSMENT YEAR: 2011-12 2 OF THE APPEAL MAY BE ADJOURNED. THE LD. DR SUBMITTE D THAT THE APPEAL MAY BE DISMISSED WITH A LIBERTY TO THE ASSES SEE TO SEEK RESTORATION OF APPEAL, IN CASE THE ASSESSEE DO NOT EXCEED IN SETTLEMENT OF DISPUTE AS AFORESAID. 3. WE CONCUR WITH THE SUBMISSIONS OF LD. DR SINCE T HE ASSESSEE IS ALREADY OPTING TO SETTLE THE DISPUTE UN DER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020, NO PURPOSE WOULD BE SERVE TO KEEP THE APPEAL PENDING. THEREFOR E, WE DISMISS THE APPEAL WITH A LIBERTY TO ASSESSEE TO SEEK RESTO RATION OF THIS APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDE R THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS AFORESAID. ORDER PRONOUNCED ON 20 TH JANUARY, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 20/01/2021 SR.PS, JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.