DISNEY BROADCASTING (INDIA) LIMITED, MUMBAI V. ACIT 16(1), MUMBAI

ITA 4288/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1696 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 22-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SRILALITHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM ITA NO. 4288 /MUM/ 20 18 ( ASSESSMENT YEAR : 2014 - 15 ) M/S. DISNEY BROADCASTING (INDIA) LIMITED 1 ST FLOOR , BUILDING NO.14, SOLITAIRE CORPORATE PARK GURU HARGOVINDJI MARG CHAKALA, ANDHERI (E) MUMBAI 400 093 VS. ASST. CIT 16(1), AAYAKAR BHAVAN MUMBAI 400 020 PAN/GIR NO. AACCV4782D (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SMT. SRILALITHA REVENUE BY SHRI BHARAT ANDHLE DATE OF HEARING 16 / 02 /202 1 DATE OF PRONOUNCEMENT 16 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4288/MUM/2018 FOR A.Y. 20 14 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME T AX (APPEALS) - 4 , MUMBAI IN APPEAL NO. CIT(A) - 4/E - FILING - 117/ACIT 16(1)/2016 - 17 DATED 1 7/04/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED ITA NO . 4288/MUM/2018 M/S. DISNEY BROADCASTING (INDIA) LTD., 2 27/12/2016 BY THE LD. A SST. COMMISSIONER OF INCOME TAX - 16(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT THE LD. AR FILED A LETTER THROUGH EMAIL DATED 1 3/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 202 0 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASS ESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 / 02 /202 1 . SD/ - ( PAVAN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 16 / 02 / 2021 KARUNA , SR.PS ITA NO . 4288/MUM/2018 M/S. DISNEY BROADCASTING (INDIA) LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//