DCIT-6(1)(2), MUMBAI V. BENZO CHEM INDUSTRIES PVT LTD., MUMBAI

ITA 4196/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4023 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 11-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO. 4 1 9 6 /MUM/20 1 9 ASSESSMENT YEAR: 2 0 1 5 - 1 6 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT)] AND R A V I S H S O O D (JUDICIAL MEMBER)] ITA NO. 4 1 9 6 /MUM/20 1 9 ASSESSMENT YEAR: 2 0 1 5 - 1 6 DEPUTY C O M M I S S I O N E R OF INCOME TAX - 6 ( 1 ) ( 2 ) MUMBAI .. APPELLANT VS. M / S . B E N Z O C H E M I N D U S T R I E S P V T . L T D . .. RESPONDENT G R O U N D F L O O R , M A D H U K U N J O F F S A Y A N I R O A D , S H A N K A R G H A N E K A R M A R G , P R A B H A D E V I , MUMBAI 4000 2 5 [PAN: A A A C B 3 3 6 9 G ] APPEARANCES: K . P . R . R M U R T Y FOR THE APPELLANT M A H E S H S A B O O FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : O C T O B E R 0 7 , 2021 DA TE OF PRONOUNCEMENT : OCTOBER 0 7 , 2021 O R D E R PER PRAMOD KUMAR, VP: 1. THIS APPEAL, FILED BY THE ASSESSING OFFICER, CALL INTO QUESTION THE CORRECTNESS OF THE ORDER DATED 2 7 . 0 3 . 2 0 1 9 , PASSED BY THE LD. CIT(A) IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2 0 1 5 - 1 6 . 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL AND THE ASSES SEE HAS ALSO FILED FORM 5, ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHEME 2020. 3. LEARNED DEPARTMENTAL R EPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE AND LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO AGREED THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN WITH SIMILAR RIGHT OF REVIVAL OF THE APPEAL. 4. THERE IS NO DISPUTE TH AT ONCE THE MATTER IS RESOLVED UNDER VIVAD SE VISHWAS SCHEME 2020, THE RELATED APPEAL IS REQUIRED TO BE WITHDRAWN. ITA NO. 4 1 9 6 /MUM/20 1 9 ASSESSMENT YEAR: 2 0 1 5 - 1 6 PAGE 2 OF 2 5. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO DISMISS THIS APPEAL AS WITHDRA WN. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 0 7 T H DAY OF O C T O B E R 2021. S D / - S D / - R A V I S H S O O D PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 0 7 T H DAY OF O C T O B E R 2021. COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR /SR. PS INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI