M/S PIRAMAL ENTERPRISES LTD., MUMBAI V. ASST CIT RANGE 7 (3)(2), MUMBAI

ITA 482/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1527 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2015-2016
• Appeal Filed On: 20-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: POOJA AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , J BENCH MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 482 / MUM/ 2020 ( ASSESSMENT YEAR : 2015 - 16) M/S. PIRAM AL ENTERPRISES LTD., AGASTYA CORPORATE PARK LBS MARG KAMANI JUNCTION, KURLA (W), MUMBAI 400 070 VS. ASSISTANT COMMISSIONER OF INCOME TAX, RANGE - 7(3)(2) MUMBAI PAN/GIR NO. AAACN4538P (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY MS. POOJA AGARWAL REVEN UE BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER VIKAS AWASTHY (JM): THIS APPEAL IN ITA NO. 482/MUM/2020 FOR A.Y.2015 - 16 PREFERRED BY THE ORDER AGAINST THE FINAL ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER DATED 25/11/2019 U/S.143(3) R.W.S.144C(13) OF THE INCOME TAX ACT, HEREINAFTER REFERRED TO AS ACT, PURSUANT TO THE DIRECTIONS OF THE LD. DISPUTE RESOLUTION PANEL (DRP IN SHORT) U/S.144C(5) OF THE ACT DATED 30/09/2019 FOR THE A.Y.2014 - 15 ITA NO . 482/MUM/2020 M/S. PIRAMAL ENTERPRISES 2 2. WE FIND THAT THE LD. AR FILED A LETTER MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGN ATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESS EES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 /202 1. SD/ - ( M.BALAGANESH ) SD/ - ( VIKAS AWASTHY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 12 / 0 2 / 2021 KARUNA , SR.PS ITA NO . 482/MUM/2020 M/S. PIRAMAL ENTERPRISES 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MU MBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//