ACIT, CIRCLE-16(1), MUMBAI V. M/S. UTV SOFTWARE COMMUNICATIONS LTD., MUMBAI

ITA 5206/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5566 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 08-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO.5206/MUM/2019 ASSESSMENT YEAR: 2015 - 16 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI F BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND VIKAS AWASTHY (JUDICIAL MEMBER)] ITA NO.5206/MUM/2019 ASSESSMENT YEAR: 2015 - 16 ASSISTANT COMMISSIONER OF INCOME TAX .. APPELLANT CIRCLE 16(1) MUMBAI. VS. M/S. UTV SOFTWARE COMMUNICATIONS LTD. .RESPONDENT 1 ST FLOOR, BUILDING NO. 14, SOLITAIRE CORPORATE PARK, GURU HARGOVINDJI MARG, CHAKALA, ANDHERI (E), MUMBAI 400093 [PAN: AAACU4122G] APPEARANCES: NONE FOR THE APPELLANT BRAJENDRA KUMAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : JULY 16, 2021 DATE OF PRONOUNCEMENT : JULY 16, 2021 O R D E R PER PRAMOD KUMAR, VP: - 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 02.05.2019 PASSED BY THE LEARNED CIT(A) - 4 , MUMBAI IN THE MATTER OF ASSESSMENT U/S. 143(3) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2015 - 16. 2. WHEN THIS APPEAL WAS CALLED FOR HEARING IT WAS POINTED OUT BY THE LEARNED COUNSEL THAT THE MATTER HAS BEEN SETTLED VIVAD SE VISHWAS S CHEME 2020, A S THE APPEAL WAS FILED BY THE ASSESSING OFFICER, REPORT WAS CALLED FOR THE FIELD OFFICER CONCERNED , AND IN THE REPORTS SO FILED BY THE TO THE DEPARTMENTAL REPRESENTATIVE , IT IS STATED INTER ALIA AS FOLLOWS: FORM NO. 3 BEING A CERTIFICATE UNDER SUB SECTION (1) OF SECTION 5 OF DIRECTED TAX VIVAD SE VISHWAS HAS BEEN ISSUED TO ASSESSEE ON 28.01.2021. HENCE THE DEPA RTMENT HAS ACCEPTED THE VSV APPLICATION OF THE ASSESSEE IN PRINCIPLE. HOWEVER, FINAL ORDER IN ITA NO.5206/MUM/2019 ASSESSMENT YEAR: 2015 - 16 PAGE 2 OF 2 THE FORM OF FORM NO. 5HAS NOT BEEN ISSUED TO ASSESSEE DUE TO NON - FUNCTIONALITY OF E - FILING PORTAL. AS AND WHEN E - FILING PORTAL GETS FUNCTIONAL, FORM - 5 WILL BE I SSUED AFTER VERIFICATION. IN VIEW OF THE ABOVE, THE DEPARTMENT HAS CONSIDERED THE APPLICANT ELIGIBLE FOR SCHEME UNDER VSV ACT. AS THE APPLICANT HAS OPTED FOR VSV FOR THE DEPARTMENT APPEAL, THEREFORE, THE APPEAL NO. 5206/MUM/2019 FILED BY THE DEPARTMENT BEFORE ITAT IN THE ABOVE CASE MAY PLEASE BE DISMISSED AS WITHDRAWN IN VIEW OF THE DTVSV SCHEME 2020. 4. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND EN TIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO DISMISS THIS APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 16 TH DAY OF JULY 2021. SD/ - SD/ - VIKAS AWASTHY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 16 TH DAY OF JULY 2021. COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI