DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(3)(2), MUMBAI V. SILVER EMPORIUM PRIVATE LIMITED, MUMBAI

ITA 4313/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3306 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 12-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 13

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , . , BEFORE S H RI MAHAVIR SINGH, VP AND S H RI M. BALAGANESH, AM ./ ITA NO. 4313 /MUM/ 2017 ( / ASSESSMENT YEAR 2012 - 13 ) DCIT, CC - 4(3)(2) R.NO. 649, 6 TH FLOOR, AAYAKAR BHAVAN, MUMBAI - 400 020 / VS. M/S SILVER EMPORIUM PVT. LTD. 232/234, CHAMBER BHAVAN, 1 ST FLOOR, OPP. ABHINANDAN MARKET, KALBADEVI ROAD, MUMBAI - 400 002 ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AANCS1076Q / APPELLANT BY : SHRI MURLI MOHAN, DR / RESPONDENT BY : MS. VINITA SHAH, AR / DATE OF HEARING : 10.06.2021 / DATE OF PRONOUNCEMENT : 10 .06.2021 / O R D E R . , / PER M. BALAGANESH , AM : TH IS APPEAL OF REVENUE IS ARISING OUT OF THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)] - 9 , MUMBAI [IN SHORT CIT(A)], DATED 10.03.2017 . THE ASSESSMENT WAS FRAMED BY THE ADDL. CIT, RG - 4(3), MUMBAI (IN SHORT ITO / AO) FOR THE A.Y. 2012 - 13 VIDE ORDER DATE D PAGE | 2 ITA NO. 4313/MUM/2017 SILVER EMPORIUM PVT. LTD, AY 12 - 13 10.03.2015 UNDER SECTION 143(3) OF THE INCOME - TAX ACT, 1961 (HEREINAFTER THE ACT). 2 . AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE MS. VINITA SHAH SUBMITTED THAT ASSESSEE HAD AVAILED VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE THE DISPUTE ARISING OUT OF TH IS CASE. THE ASSESSEE HAS ALSO SUBMITTED FORM - 3 AND HAD PAID THE TAXES THEREON, WHICH FACT WAS ALSO AGREED BY THE LD DR. 3 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT ASSESSEE HAD ALREADY AVAILED VIVAD S E VISWAS SCHEME 2020 AND FILED NECESSARY DECLARATION AND HAD PAID THE NECESSARY TAXES THEREON. IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS THIS APPEAL OF ASSESSEE AS WITHDRAWN. 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN . ORD ER PRONOUNCED IN THE OPEN COURT ON 10 . 0 6.2021. SD/ - SD/ - ( /MAHAVIR SINGH) ( . / M. BALAGANESH ) ( / VICE PRESIDENT) ( / ACCOUNTANT MEMBER) , / MUMBAI, DATED: 10 . 06.2021 , . / SUDIP SARKAR, SR.PS PAGE | 3 ITA NO. 4313/MUM/2017 SILVER EMPORIUM PVT. LTD, AY 12 - 13 / 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