INCOME TAX OFFICER-17(3)(5), MUMBAI V. M/S. VNM HYDROTEK, MUMBAI

ITA 5144/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3711 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 06-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5144/MUM/2019 ASSESSMENT YEAR: 2011-12 ITO-17(3)(5), ROOM NO. 137, 1 ST FLOOR, AAYAKAR BHAVAN, MUMBAI-400 020. VS. M/S VNM HYDROTEK, 71, NARAYAN DHURU STREET, NAGDEVI, MUMBAI-400 003 PAN NO. AAFFV 7667 M APPELLANT RESPONDENT REVENUE BY : MR. SANJAY J. SETHI, DR ASSESSEE BY : NONE DATE OF HEARING : 25/02/2021 DATE OF PRONOUNCEMENT : 25/02/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2011-12. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-28, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 147 THE INCO ME TAX ACT 1961, (THE ACT). 2. THE ASSESSEE HAS FILED A LETTER DATED 18.02.2021 STATING THAT THEY HAVE FILED APPLICATION UNDER VIVAD SE VISHWAS ACT, 2020 IN FORM NO. 1 & 2. FOLLOWING IT, THE PR. CIT, MUMBAI-17 HAS ISSUED FOR M-3. IT IS STATED THAT THEY ARE IN THE PROCESS OF PAYING THE AMOUNT DETERMINED IN FORM-3 OF RS.26,249/- AND WILL FILE FORM-4 ON PORTAL. ITA NO. 5144/M/2019 M/S VNM HYDROTEK 2 WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE THE ABOVE SUBMISSION OF THE ASSESSEE. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAI D ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPU TES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEF ORE THE SUPREME COURT OF INDIA. 4. CONSIDERING THE LETTER DATED 18.02.2021 FILED BY THE ASSESSEE, WE ARE INCLINED TO DISMISS THE APPEAL FILED BY THE REVENUE AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 25/02/2021. SD/- SD/- (SAKTIJIT DEY) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 25/02/2021 RAHUL SHARMA, SR. P.S. 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI