ASHAPURA MINECHEM LTD, MUMBAI V. ACIT CC 22, MUMBAI

ITA 5190/MUM/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3634 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR RAJIV HARIT LD
• Assessee Lawyers: S LETTER DATED
• Section: 143(3); 22

Judgement Text

ITA NO.5190/MUM/2015 M/S. ASHAPURA MINECHEM LTD. ASSESSMENT YEAR: 2011-12 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5190/MUM/2015 ( / ASSESSMENT YEAR: 2011-12) M/S. ASHAPURA MINECHEM LTD. C/O., H.N. MOTIWALA & CO. 508, SHARDA CHAMBERS 33, NEW MARINE LINES MUMBAI-400 020 / VS. A CIT CENTRAL CIRCLE - 22 AAYKAR BHAWAN MUMBAI. !' ./ ./PAN/GIR NO. AAACA-0957-F ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : ASSESSEES LETTER DATED 11/09/2020 REVENUE BY : DR. RAJIV HARIT- LD. CIT-DR / DATE OF HEARING : 22/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR (AY) 2011-12 CONTEST THE ORDER OF LEARNED FIRST APPELLAT E AUTHORITY ON CERTAIN GROUNDS OF APPEAL. THE ASSESSMENT FOR THE Y EAR UNDER CONSIDERATION WAS FRAMED BY LD. ASSESSING OFFICER U /S 143(3) ON 28/03/2014. 2. THOUGH NONE APPEARED FOR ASSESSEE, HOWEVER, LD. CIT-DR BROUGHT ATTENTION TO ASSESSEES LETTER DATED 11/09/ 2020 WHEREIN IT ITA NO.5190/MUM/2015 M/S. ASHAPURA MINECHEM LTD. ASSESSMENT YEAR: 2011-12 2 HAS BEEN STATED THAT THE ASSESSEE INTEND TO PREFER AN APPLICATION UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME),2020 FOR THE YEAR UNDER CONSIDERATION. ACCORDINGLY, LD. CIT-DR SUBMITTED THAT THE APPEAL MAY BE DISMISSED. 3. IN VIEW OF FOREGOING, THE APPEAL STAND DISMISSED AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTORATION OF T HE APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STAND DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 03 RD MARCH, 2021 SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.