ITP PUBLISHING INDIA PVT LTD, MUMBAI V. ACIT 12 (2)(4), MUMBAI

ITA 4408/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 2526 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 26-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAYANT
• Section: 143(3); 250; 254(2); 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH , MUMBAI BEFORE SHRI S RIFAUR RAHMAN , ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 4408 /MUM/20 1 9 (A.Y : 2015 - 16 ) I.T.P PUBLISHING INDIA PVT LTD. NOTAN PLAZA, 3 RD FLOOR, 898, TURNER ROAD, BANDRA (WEST) MUMBAI 400050 . VS. ACIT 12(2)(4), 109,AAYKAR BHAVAN, M.K.ROAD, MUMBAI - 400020 ./ ./ PAN/GIR NO. : AABC18484Q APPELLANT .. RESPONDENT APPELLANT BY : SHRI.DHARAN GANDHI. AR RESPONDENT B Y : SHRI. JAYANT. DR DATE OF HEARING 28 .10 .2021 DATE OF PRONOUNCEMENT 29 . 10 .2021 / O R D E R PER PAVAN KUMAR GADALE JM : THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISS IONER OF INCOME TAX (APPEALS) - 20 , MUMBAI PASSED U/S 143(3) AND 250 OF THE INCOME TAX ACT, 1961 . 2. AT THE TIME HEARING, THE LD. COUNSEL OF THE ASSESSEE HAS SU BMITTED A LETTER DATED 27 - 10 - 2021 MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020 ITA NO. 4408 /MUM/20 1 9 M/S I T P PUBLISHING INDIA PVT LTD. MUMBAI - 2 - (VSVS2020) AND RECEIVED FORM 3 UNDER V SVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND P ERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCH EME 2020 AND RECEIVED FORM - 3 FROM THE INCOME TAX DEPARTMENT . WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS T HE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN COURT ON 29 .10 .2021 . SD/ - SD/ - ( S RIFAUR RAHMAN ) ( PAVAN KUMAR GADALE) ACCOUNTANT MEMBER J UDICIAL MEMBER M UMBAI, DATED 29 .10 .2021 S K, PS ITA NO. 4408 /MUM/20 1 9 M/S I T P PUBLISHING INDIA PVT LTD. MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// 1 . ( ASST. REGISTRAR) ITAT, MUMBAI 2 . OTHER MEMBER ON WHI