DCIT CIRCLE-12(1)(1), Mumbai V. M/S ANUPAM STATIONERY SUPERSTORE PVT LTD., Mumbai

ITA 4706/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3712 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 12-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR LD

Judgement Text

I.T.A. NO.4706/MUM/2019 M/S. ANUPAM STATIONERY SUPERSTORE PVT.LTD. ASSESSMENT YEAR: 2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.4706/MUM/2019 ( / ASSESSMENT YEAR : 2010-11) D CIT - CIRCLE - 1 2(1)(1) ROOM NO.128D, 1 ST FLOOR AAYKAR BHAVAN, CHURCHGATE MUMBAI-400 020 / VS. M/S. ANUPAM STA TIONERY SUPERSTORES PVT.LTD. 1 ST FLOOR, SAI SHOPPING MALL S.V. ROAD, BORIVALI (W) MUMBAI-400 092 +, ! ./ ! ./PAN/GIR NO. AAACR-8425-P ( ,. /APPELLANT ) : ( /0,. / RESPONDENT ) ASSESSEE BY : MS. JASSMINE SAWLA -LD.AR- WITHDRAWAL LETTER DT.23/02/2021 REVENUE BY : SHRI BRAJENDRA KUMAR-LD. DR / DATE OF HEARING : 25/02/2021 / DATE OF PRONOUNCEMENT : 25/02/2021 / O R D E R SAKTIJIT DEY (JUDICIAL MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR 2010-11, CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHO RITY WHICH HAS DELETED PENALTY OF RS.33,476/- AS LEVIED BY LD. ASSESSING O FFICER VIDE ORDER DATED 23/03/2018. I.T.A. NO.4706/MUM/2019 M/S. ANUPAM STATIONERY SUPERSTORE PVT.LTD. ASSESSMENT YEAR: 2010-11 2 2. THE LEARNED COUNSEL FOR ASSESSEE, AT THE OUTSET, PLACED ON RECORD LETTER DATED 23/02/2021 TO SUBMIT THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 AND THEREFORE, REVENUES APPEAL HAS BECOME INFRUCTU OUS. THE LD. 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 IN THE OPEN COURT ON 25 TH FEBRUARY, 2021. . SD/- SD/- (MANOJ KUMAR AGGARWAL) (SAKTIJIT DEY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 25/02/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. ,. / THE APPELLANT 2. /0,. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. 6 7/8 , 8 , / DR, ITAT, MUMBAI 6. 7 9:; / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.