CABLE CORPORATION OF INDIA LTD., MUMBAI V. DCIT -2 (1)(1), MUMBAI

ITA 4980/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8188 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 27-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NISHIT KHATRI
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , C BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 4980 /MUM/ 20 18 ( ASSESSMENT YEAR : 2008 - 09 ) M/S. CABLE CORPORATION OF INDIA LIMITED LAXMI BUILDING, 6 SHOORJI VALLABHDAS MARG BALLARD ESTATE MUMBAI 400 001 VS. THE DEPUTY COMMISSIONER OF INCOME TAX 2(1)(1), AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AAACC29361 (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI NILESH JOSHI & SHRI NISHIT K HATRI REVENUE BY MS. SHREEKALA PARDESHI DATE OF HEARING 13/01/2021 DATE OF PRONOUNCEMENT 13/01/ /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4980/MUM/2018 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 4, MUMBAI IN APPEAL NO. CIT(A) - 4(E) - FILE - 33/DCIT - 2(1)(1)/2016 - 17 DATED 17/07/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) ITA NO . 4980/MUM/2018 M/S. CABLE CORPORATION OF INDIA LTD., 2 DATED 23/03/2016 BY THE LD. DY. COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 1 2 /01/2021 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 DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PEN DING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN T HE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 / 01 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 13 / 01 / 2021 KARUNA , SR.PS ITA NO . 4980/MUM/2018 M/S. CABLE CORPORATION OF INDIA LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//