PACE EQUIPMENT PVT LTD, Mumbai V. ITO 10(3)(3), Mumbai

ITA 4259/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0661 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 17-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 4259 /MUM. /201 9 ( ASSESSMENT YEAR : 20 13 14 ) PACE EQUIPMENT PVT. LTD. UNIT NO.2, LEELA APARTMENT 355, S.V. ROAD, VILE PARLE (W) MUMBAI 400 056 PAN AAACP6111G . APPELLANT V/S INCOME TAX OFFICER WARD 10(3)(3), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : S HRI SANJAY J. SETHI DATE OF HEARING 10 .1 2 .2020 DATE OF ORDER 10.12.2020 O R D E R AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 17 TH MAY 2019, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 17, MUMBAI, FOR THE ASSESSMENT YEAR 2013 14. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS FILED LETTER DATED 13 TH NOVEMBER 2020, BEFORE THE REGISTRY OF THE TRIBUNAL STATING THAT THE ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE ARISING IN THE PRESENT APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 2 PACE EQUIPMENT PVT. LTD. 3. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSE D THE MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE DISPUTE IN THE PRESENT APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, I AM INCLINED TO DISMISS THE APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANT ED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION TO BE FILED UNDER THE VIVAD SE VISHWAS ACT,2020 IS NOT ACCEPTED BY THE DEPARTMENT. IN OTHER WORDS, IN THE EVENT OF NON ACCEPTANCE OF ASSESSEES DECLARATION BY THE REVENUE, T HE ASSESSEE CAN FILE A MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER AND RESTORATION OF THE APPEAL. THIS IS IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT , TCA NO.372 OF 2020. 4. IN THE RESULT, APPEAL IS DISMISSED WITH AFOREMENTIONED LIBERTY . ORDER PRONOUNCED IN THE OPEN COURT ON 10.12.2020. MUMBAI, DATED: 10.12.2020 SD/ - SAKTIJIT DEY JUDICIAL MEMBER 3 PACE EQUIPMENT PVT. LTD. 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