GOLDEN SOURCE INDIA P. LTD, MUMBAI V. PR CIT 9, MUMBAI

ITA 4818/MUM/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1299 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 26-08-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO. 4818/MUM/2015 AY: 2009 - 10 GOLDENSOURCE INDIA PRIVATE LIMITED VS. PR. CIT - 9 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 4818/MUM/2015 (ASSESSMENT YEAR: 2009 - 10) GOLDENSOURCE INDIA PRIVATE LIMITED (NOW GOLDENSOURCE INTERNATIONAL PRIVATE LIMITED ) , 1 ST FLOOR, 13A, PAPER BOX ESTATE, MAHAKALI CAVES ROAD, ANDHERI (EAST), MUMBAI 400 0 59 . PAN NO. AAACF8190M VS. PRINCIP AL COMMISSIONER OF INCOME - TAX - 9 , ROOM NO. 214, AAYAKAR BHAVAN, MUMBAI 400 020 (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI SIDDHESH CHAUG U LE, A.R REVENUE BY : MS. SHREEKALA PARDESHI , D.R DATE OF HEARING : 0 5 /0 2 /2021 DATE OF PRONOUNCEMENT : 05 /0 2 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE PR. CIT - 9 , MUMBAI UNDER SEC.263 OF THE INCOME - TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2009 - 10 2. WHEN THIS APPEAL WAS CALLED FOR HEARING, THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD APPLIED UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AS REGARDS ITS APPEAL PENDING WITH THE CIT(APPEALS), NATIONAL FACELESS APPEAL CENTRE AGAINST THE CONSEQUENTIAL ASSESSMENT FRAMED BY THE A.O U/S 143(3) R.W.S 263 OF THE ACT. IT WAS SUBMITTED BY THE LD. A.R THAT THE ASSESSE E IS AWA ITING FOR A FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. IT WAS FURTHER SUBMITTED BY THE LD. A.R THAT IT HAD BEEN ISSUED FORM NO. 3 UNDER THE PROVISIONS OF SEC. 5 OF THE VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) BY THE DESIGNATED AUTHORITY. IN ORDER TO FORTIFY HIS AFORESAID CLAIM THE LD. A.R TOOK US THROUGH A LETTER DATED 14.01.2021 ADDRESSED BY THE ASSESSEE TO THE CIT(APPEALS), NATIONAL FACELESS APPEAL CENTRE , WHEREIN IT HAD SOUGHT WITHDRAWAL OF ITS APPEAL FILED AGAINST THE ASSESSMENT ORDER PAS SED U/S 143(3) R.W.S 263 OF THE ACT . ALSO, OUR ITA NO. 4818/MUM/2015 AY: 2009 - 10 GOLDENSOURCE INDIA PRIVATE LIMITED VS. PR. CIT - 9 2 ATTENTION WAS DRAWN BY THE LD. A.R TO THE FORM 1 , FORM 2 AND FORM 3 ( E - FILED COPIES PLACED ON RECORD ). IT WAS SUBMITTED BY THE LD. A.R THAT NOW WHEN THE ASSESSEE HAD OPTED FOR THE DIRECT TAX VIVAD SE VIS HWAS ACT, 2020 (ACT 3 OF 2020) W.R.T ITS PENDING APPEAL AGAINST THE ASSESSMENT FRAMED BY THE A.O U/S 143(3) U/S 263 OF THE ACT, ITS APPEAL FILED WITH THE TRIBUNAL AGAINST THE ORDER PASSED BY THE PR. CIT - 9 , MUMBAI UNDER SEC. 263 WOULD BE RENDERED AS INFRUCTUOUS. 3. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION TO THE SEEKING OF WITHDRAWAL OF THE AFORESAID APPEAL BY THE ASSESSEE. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL FILED BY THE ASSESSEE A GAINST THE ORDER PASSED BY THE PR. CIT - 8, MUMBAI U/S 263 OF THE ACT AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT IF THE AFORESAID MATTER I.E ITS APPLICATION FILED UNDER THE VIVAD SE VISHWAS ACT, 2020 W.R.T ITS APPEAL AGAINST THE ORDER PASSED BY THE A.O U/S 143(3) R.W.S 263 BEFORE THE CIT(APPEALS), NATIONAL FACELESS APPEAL CENTRE IS NOT RESOLVED UNDER THE SAID SCHEME , THE ASSESSEE SHALL HAVE THE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS CAPTIONED APPEAL FILED AGAINST T H E ORDER PA SSED BY THE PR.CIT - 9, MUMBAI, UNDER SEC. 263 OF THE ACT . 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER P RONOUNCED IN THE OPEN COURT ON 05 /0 2 /2021. SD/ - SD/ - (S. RIFAU R RAHMAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 05 .0 2 .2021 **PS: ROHIT ITA NO. 4818/MUM/2015 AY: 2009 - 10 GOLDENSOURCE INDIA PRIVATE LIMITED VS. PR. CIT - 9 3 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)