HATKESH CHEMICALS PHARMACEUTICALS PVT LTD., MUMBAI V. ITO 12 (2)(3), MUMBAI

ITA 420/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1637 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 16-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 271(1)(c); 201

Judgement Text

ITA NO. 420 /MUM/20 20 A.Y. 201 0 - 1 1 HAT K ESH CHEMICALS PHARMACEUTICALS PVT. LTD. VS. ITO 12(2)(3), MUMBAI 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 420 /MUM/20 20 (ASSESSMENT YEAR: 201 0 - 1 1 ) HATKESH CHEMICALS PHARMACEUTICALS PVT. LTD; 1502 TULSIBAUG RAMDAS SRALE MARG, BORIVALI WEST, MUMBAI - 400 092. VS. ITO 12(2)(3), R.NO. 147B, 1 ST FLOOR, AAYKAR BHAWAN, M.K ROAD, MUMBAI 400 020. PAN NO. AAACH1419B (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI. AKSHAY REVENUE BY : SHRI. GURBINDER SINGH , D.R DATE OF HEARING : 17 /06 /2021 DATE OF PRONOUNCEMENT : 17 /06 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 2 0 , MUMBAI, WHICH IN TURN ARISES FROM THE O RDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 20.04.2018 FOR ASSESSMENT YEAR 201 0 - 1 1 . 2. THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT AS THE ASSESSEE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL , THEREFORE, AS INSTRUCTED, THE CAPT IONED APPEAL MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MAT TER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 420 /MUM/20 20 A.Y. 201 0 - 1 1 HAT K ESH CHEMICALS PHARMACEUTICALS PVT. LTD. VS. ITO 12(2)(3), MUMBAI 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER P RON OUNCED IN THE OPEN COURT ON 17 /06 /2021. SD/ - SD/ - ( RAJESH KUMAR ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 17 .0 6 .2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI