ADM TRADING INDIA PRIVATE LIMITED (FORMERLY KNOWN AS TOEPFER (INDIA) PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), MUMBAI

ITA 4413/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1222 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 14-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHRUTI KULKARNI
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER IT (TP) A NO. 4413 /MUM./201 7 ( ASSESSMENT YEAR : 20 10 11 ) ADM TRADING INDIA PVT. LTD. (FORMERLY KNOWN AS TOEPPER INDIA PVT. LTD.) , KALEDONIA (HDIL BUILDING), LEVEL 7 B WING, OFFICE NUMBER 4A SAHAR ROAD, OPP. VIJAY NAGAR HOUSING SOCIETY, ANDHERI (EAST) MUMBAI 400 069 PAN AAACA3398Q . APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 3(1), MUMBAI . RESPONDENT ASSESSEE BY : SHRI SHRUTI KULKARNI REVENUE BY : S HRI SUNIL UMAP DATE OF HEARING 08 .1 2 .2020 DATE OF ORDER 08.12.2020 O R D E R THE AFORESAID APPEAL HA S BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 15 TH MARCH 201 7 , PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 58 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR S 2010 11 . 2. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIALS ON RECORD. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED, ASSESSEE HAS FILED 2 ADM TRADING INDIA PVT. LTD. (FORMERLY KNOWN AS TOEPPER ( I ) PVT. LTD.) DECLARATIONS UNDER THE VIVAD SE VISWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL. FURTHER, SHE SUBMITTED, ASSESSEE IS AWAITING FOR THE FORM NO. 3 TO BE ISSUED BY THE INCOME TAX DEPARTMENT. CONSIDERING THE AFORESAID SUBMISSION OF LEARNED COU NSEL FOR THE ASSESSEE AND KEEPING IN VIEW THE DECISION OF THE HONB LE MADRAS HIGH COURT IN CASE OF M/S. NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020, ORDER DATED 16 TH OCTOBER 2020, WE ARE INCLINED DISMISS THE APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE DECLARATION FILED UNDER VIVAD SE VISHWAS ACT, 2020 IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. 3. IN THE RESULT, APPEAL IS DISMISSED WITH AFOREMENTIONED LIBERTY. ORDER PRONOUNCED ON 08.12.2020. SD/ - N.K. PRADHAN ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 08.12.2020. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); 3 ADM TRADING INDIA PVT. LTD. (FORMERLY KNOWN AS TOEPPER ( I ) PVT. LTD.) (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