ACIT CENT. CIR. - 18 &19, MUMBAI V. M/s. UPS FREIGHT SERVICES INDIA P. LTD., MUMBAI

ITA 47/MUM/2006

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3637 (ITAT-MUMBAI)
• Duration Of Justice: 15 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 04-01-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: ASHSULTANA LD

Judgement Text

ITA NO.47/MUM/2006 M/S.UPS FREIGHT SERVICES INDIA PVT. LIMITED ASSESSMENT YEAR: 2000-01 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.47/MUM/2006 ( / ASSESSMENT YEAR : 2000-01 ) A CIT - CENTRAL CIRCLE - 18 & 19 ROOM NO.402, 4 TH FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020 / VS. M/S. UPS FREIGH T SERVICES INDIA PVT. LTD. ( FORMERLY KNOWN AS FRITZ FREIGHT FORWARDING INDIA PVT. LTD.) 901, ALPHA MAIN STREET HIRANANDANI GARDEN, POWAI MUMBAI-400 076 )* ./ ./PAN/GIR NO. AAACF-0671-R ( *, /APPELLANT ) : ( -.*, / RESPONDENT ) A SSESSEE BY : MS. ASHSULTANA -LD.AR REVENUE BY : SHRI THARIAN OOMMEN-LD.DR / DATE OF HEARING : 23/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR 2000-01 CONTEST THE ORDER OF LEARNED FIRST APPELLATE AUTHORITY WHIC H HAS DELETED PENALTY S LEVIED BY LD. ASSESSING OFFICER VIDE ORDER DATED 23 /03/2005. ITA NO.47/MUM/2006 M/S.UPS FREIGHT SERVICES INDIA PVT. LIMITED ASSESSMENT YEAR: 2000-01 2 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, SUB MITTED THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF DISPUT E UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 FOR THE YEAR UNDER CONSIDERATION AND RECEIVED FORM NO.3 FROM APPROPRIA TE AUTHORITY. A COPY OF THE SAME HAS BEEN FORWARDED THROUGH EMAIL. THE L D. DR COULD NOT CONTROVERT THE SAME. 3. IN VIEW OF FOREGOING, THE APPEAL STANDS DISMISSE D AS INFRUCTUOUS WITH A LIBERTY TO REVENUE TO SEEK RESTORATION OF TH E APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED ON 03 RD MARCH, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. *, / THE APPELLANT 2. -.*, / THE RESPONDENT 3. 5 ( ) / THE CIT(A) 4. 5 / CIT CONCERNED 5. 67-08 , 8 , / DR, ITAT, MUMBAI 6. 79:; / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.