AHAPURA MINECHEM LTD., Mumbai V. DCIT 3(3), Mumbai

ITA 4686/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6340 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 11-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH , MUMBAI BEFORE SHRI MAHAVIR SINGH, VP AND SHRI M. BALAGANES H, AM ITA NO. 4686/MUM/2019 (ASSESSMENT YEAR 2016-17) ASHAPURA MINECHEM LTD. C/O H.N. MOTIWALLA & CO., 508 SHARDA CHABMBERS, 33 NEW MARINE LINES, MUMBAI-400020 VS. DCIT CIRCLE - 3(3), AAYAKAR BHAVAN, MUMBAI-400020. (APPELLANT) (RESPONDENT) PAN NO. AAACA0957F APPELLANT BY : SHRI HEMANT SHAH, AR RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR DATE OF HEARING : 12.04.2021 DATE OF PRONOUNCEMENT : 12.04.2021 O R D E R PER M. BALAGANESH, AM: IN THIS APPEAL, THE ASSESSEE HAD PREFERRED TO SETTL E THE DISPUTE BY AVAILING THE BENEFIT OF THE VIVAD SE VISHWAS SCHEME, 2020. F ORM NO. 1 & 2 HAS ALREADY BEEN FILED BY THE ASSESSEE BEFORE THE COMPETENT AUT HORITY. 2. WE FIND THAT ASSESSEE HAS PREFERRED APPLICATION IN FORM NO. 1 & 2 UNDER VIVAD SE VISHWAS SCHEME, 2020 AND HAD ALSO RECEIVED FORM NO. 3 FROM LD. PRINCIPLE COMMISSIONER OF INCOME TAX (PR.CIT), MUMB AI. ACCORDINGLY, THE ASSESSEE VIDE ITS LETTER DATED 25.03.2021 REQUESTED THIS TRIBUNAL THAT THE APPEAL FILED BY IT MAY BE TREATED AS WITHDRAWN. 3. WE FIND THAT SINCE THE ISSUE IS ALREADY SETTLED BY THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, 2020 AND PURSUANT TO THE REQUEST MADE BY ASSESSEE VIDE PAGE | 2 ITA NO. 4686 MUM 2019-ASHAPURA MINECHEM LT D. LETTER DATED 30.03.2021, THE APPEAL FILED BY THE AS SESSEE IS HEREBY DISMISSED AS WITHDRAWN WITH LIBERTY GIVEN TO THE ASSESSEE THAT I N CASE, IF THE APPLICATION PREFERRED IN VIVAD SE VISHWAS SCHEME, 2020 DOES NOT ATTAIN FINALITY FOR ANY REASON WHATSOEVER, THEN THIS APPEAL SHALL GET RESTO RED PURSUANT TO MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12.04 .2021 SD/- SD/- MAHAVIR SINGH M. BALAGANESH (VICE-PRESIDENT) (ACCOUNTANT MEMBER) MUMBAI, DATED: 12.04.2021 SK.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// (ASSTT.REGISTRAR) ITAT, MUMBAI