M/S KAN TEXTILES PVT LTD., DHULE V. ITO 12 (3)(2), MUMBAI

ITA 458/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1509 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 20-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AKASH GAGAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , SMC BENCH MUMBAI BEFORE : SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 458 / MUM/ 2020 ( ASSESSMENT YEAR : 2016 - 17 ) M/S. KA N TEXTILES PVT. LTD., GAT NO.239/2, DAIWAD SHIRPUR DHULE, MAHARASHTRA - 425405 VS. ITO 12(3) - (2) AAYAKAR BHAWAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AADCK2247B (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI AKASH GAGAN REVENUE BY SHRI SUSHIL KUMA R MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER VIKAS AWASTHY (JM): THIS APPEAL IN 458/MUM/2020 FOR A.Y. 2016 - 17 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 20, MUMBAI IN APPE AL NO. CIT(A) - 20/IT - 10244/2018 - 19 DATED 22/11/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.144 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 13/12/2018 BY THE LD. ITO - 12(3)(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 458/MUM/2020 M/S. KAN TEXTILES PVT. LTD., 2 2. WE FIND THAT THE LD. AR FILED A LETTER 29/01/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM TH E DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THA T ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 /202 1. SD/ - ( M.BALAGANE SH ) SD/ - ( VIKAS AWASTHY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 12 / 0 2 / 2021 KARUNA , SR.PS ITA NO . 458/MUM/2020 M/S. KAN TEXTILES PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CI T(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//