INCOME TAX OFFICER-9(1)(4), MUMBAI V. AVA METALICS PRIVATE LIMITED, MUMBAI

ITA 4473/MUM/2017

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 5638 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 19-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.4473/M/2017 ASSESSMENT YEAR: 2012-13 INCOME TAX OFFICER 9(1)(4), ROOM NO.260A, 2 ND FLOOR, AAYAKAR BHAVAN, MAHARSHI KARE ROAD, MUMBAI- 400 020 VS. M/S. AVA METALLICS PVT. LTD., FLAT NO.44, BLDG. NO.12, VIJAY VILAS SOCIETY, G.B. ROAD, THANE (W)- 400 607 PAN: AAFCA8397L (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI DHAVAL SHAH, A.R. REVENUE BY : SHRI BRAJENDRA KUMAR, D.R. DATE OF HEARING : 24.12.2020 DATE OF PRONOUNCEMENT : 24.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 14.03.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2012-13. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISHVAS SCHEME UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISWAS SCHEME 2020, THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS ITA NO.4473/M/2017 M/S. AVA METALLICS PVT. LTD. 2 REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE REVENUE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNUSAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.12.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 24.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.