ITO 27(1)(5), Mumbai V. M/S J V CHEM (INDIA), Mumbai

ITA 4504/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6797 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 03-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AGAINST TH E DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SM C BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI S. RIFAUR RAHMAN, AM / I .T.A. NO . 4504 /MUM/20 19 ( / ASSESSMENT YEAR: 2011 - 12 ) ITO - 27(1)(5), R. NO. 410, 4 TH FLOOR, TOWER NO. 6, VASHI RAILWAY STATION COMPLEX, VASHI, NAVI MUMBAI - 400 703 / VS. M/S J. V. CHEM (INDIA) B - 1, NEELKANTH CHHAYA, R. B. MEHTA ROAD, GHATKOPAR (E), MUMBAI - 400 077 ./ ./ PAN/GIR NO. : AA BFJ4268L ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 14 / 01 /20 21 /DATE OF PRONOUNCEMENT: 14 /01 / 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AGAINST TH E ORDER DATED 05.04 .2019 PASSED BY LD. COMMIS SIONER OF INCOME TAX (APPEALS) - 26 , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. CIT (A) ] RELEVANT TO A.Y. 20 11 - 12 . 2 . AT TH E OUTSET, WHEN THE APPEAL WAS CALLED OUT FOR HEARING, LD. AR DRAWN OUR ATTENTION LETTER DATED 12.01.2021 AND SUBMITTED THAT ASSESSEE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND ASSESSEE HAS YET TO REC EIVE ANY INTIMATION FROM THE OFFICE OF LD. CIT. 3 . THE L D. DR DID NOT OBJECT TO COURSE SO SUGGESTED. REVENUE BY: SHRI SANJAY J. SETHI ASSESSEE BY : SHRI SANJAY R. PARIKH IT A NO S . 109/MUM/2020 IBN LOKMAT NEWS PVT. LTD. 2 4 . CONSIDERED THE SUBMISSION OF BOTH THE PARTIES AND MATERIAL PLACED ON RECORD. LD. DR SUBMITTED THAT ASSESSEE HAS FILED UNDER VIVAD SE VISHWAS SCHEME AN D FILED FORM - 3 U/S 5(1) OF THE SCHEME. WE NOTICE THAT LD. AR SUBMITTED THAT NO INTIMATION RECEIVED FROM LD. CIT. HOWEVER, WE NOTICE THAT THE DEPARTMENT HAS ISSUED FORM - 3 AS ACKNOWLEDGMENT. THEREFORE, IN OUR CONSIDERED VIEW, CONSEQUENT TO THE ISSUE OF FORM - 3, THE APPEAL FILED BY THE REVENUE BECOMES INFRUCTUOUS. ACCORDINGLY, APPEAL FILED BY THE REVENUE IS DISMISSED. 5 . IN THE RESULT, THE APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 14 / 01 /202 1 SD/ - SD/ - ( VIKAS AWASTHY ) (S. RIFAUR RAHMAN ) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 14 /01 / 202 1 DHANANJAY ( SR.PS ) / 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// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI