INCOME TAX OFFICER 8(3)(3), MUMBAI V. M/S.TOPCARE CONSTRUCTION PRIVATE LIMITED(AMALAGAMATED WITH /S.VALENTINE MERCANTILE PRIVATE LIMITED), MUMBAI

ITA 4031/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3609 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 06-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: SUSHAN
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 4031/MUM./2018 ( ASSESSMENT YEAR : 20 09 10 ) INCOME TAX OFFICER WARD 8(3)(3), MUMBAI . APPELLANT V/S M/S. TOPCARE CONSTRUCTION PVT. LTD. (AMALGAMATED WITH M./S. VALENTINE MERCANTILE PVT. LTD.), FLAT NO.253 25 TH FLOOR, KALPATARU HORIZON S.K. AHIRE MARG, WORLI MUMBAI 400 031 PAN AACCT6642E . RESPONDENT REVENUE BY : SHRI VIJAY KUMAR MENON ASSESSEE BY : SHRI SUSHAN DATE OF HEARING 23 .0 2 .202 1 DATE OF ORDER 9.03.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE REVENUE CHALLENGING THE ORDER DATED 22 ND MARCH 2018 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 14 , MUMBAI, FOR THE ASSESSMENT YEAR 20 0 9 10 . 2. DURING THE COURSE OF HEARING, WE FIND THAT THE ASSESSEE HAS FILED A LETTER DATED 23 RD DECEMBER 2020, IN THE REGISTRY EXPRESSING ITS INTENTION TO APPROACH REVENUE AUTHORITIES FOR SEEKING SETTLEMENT OF 2 M/S. TOPCARE CONSTRUCTION PVT. LTD. THE TAX DISPUTE IN VIEW OF THE FACT THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED BY THE ACKNOWLEDGEMENT IN FORM 3 OF THE DECLARATION FILE D UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL AS HE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT NO PURPOSE WOULD BE SERVED IN KEEPING THE MATTER ALIVE WHEN THE ASSESSEE HAS ALREADY APPROACHED THE REVENUE AUTHORITIES FOR SETTLING THE TAX DISPUTE UNDER VIVAD SE VISHWAS SCHEME AND THUS THE REVENUES APPEAL IS LIABLE TO BE DISMISSED. HOWEVER, LIBERTY IS GRANTED TO THE REVENUE TO SEEK RESTORATIO N OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. 3 M/S. TOPCARE CONSTRUCTION PVT. LTD. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9.03.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 9.03.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI