DEPUTY COMMISSIONER OF INCOME TAX 14(1)(2), MUMBAI V. CREST LOGISTICS & ENGINEERS PRIVATE LIMITED , MUMBAI

ITA 4797/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3742 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 09-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V SREEKAR
• Section: 143(3); 22

Judgement Text

ITA NO. 4797 /MUM/201 8 A.Y. 2014 - 15 THE DCIT - 14 (1) (2) VS. M/S CREST LOGISTICS AND ENGINEERS PVT. LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI M.BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.4797/MUM/2018 (ASSESSMENT YEAR: 2014 - 15 ) THE DCIT - 14 (1) (2) , ROOM NO. 475 , 4 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI 400 020 VS. M/S CREST LOGISTICS AND ENGINEERS PVT. LIMITED, UNIT NO. 306, 3 RD FLOOR, MAGNUS OPUS, MUMBAI 400 055 PAN NO. AACCR7266A ( REVENUE ) ( ASSESSEE ) ASSESSEE BY : SHRI AMIT KHATIWALA , A.R REVENUE BY : SHRI V. SREEKAR , D.R DATE OF HEARING : 01/03 /2021 DATE OF PRONOUNCEMENT : 01 /03 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 22 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORD ER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 26.08.2016 FOR ASSESSMENT YEAR 2014 - 15. 2. THE ASSESSEE HAS FILED A LETTER ON 22 ND FEBRUARY, 2021 , WHEREIN IT IS STATED THAT IT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATT ER PENDING BEFORE THE TRIBUNAL AND HAD RECEIVED FORM 5 FROM THE DESIGNATED AUTHORITY. (COPY ENCLOSED) . IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL FILED BY THE REVENUE MAY BE DIRECTED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FA CTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE REVENUES APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE APPELLANT REVENUE SHALL H AVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 4797 /MUM/201 8 A.Y. 2014 - 15 THE DCIT - 14 (1) (2) VS. M/S CREST LOGISTICS AND ENGINEERS PVT. LTD. 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 01 /03 /2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 .03 .2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI