M/S. ADVANCE GRP COOLING TOWERE PVT LTD, MUMBAI V. INCOME TAX OFFICER-12(1)(1), MUMBAI

ITA 5238/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1480 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 09-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 5238/MUM/2019 (A.Y: 2011-12) M/S ADVANCE GRP COOLING TOWERS PVT. LTD. 406, SPAN CENTRE, R.K. MISSION MARG, SANTACRUZ (W), MUMBAI - 400054 / VS. THE INCOME TAX OFFICER 12 (1) (1), AAYKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 ./ ./ PAN/GIR NO. : AAECA8216G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SANJAY PARIKH, AR / RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR / DATE OF HEARING 11/02/2021 / DATE OF PRONOUNCEMENT 11/02/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAS FILED THE CAPTIONED APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX ITA NO. 5238/MUM/2019 M/S ADVANCE GRP COOLING TOWERS PVT. LTD. - 2 - (APPEALS) - 20, MUMBAI, PASSED U/S. 271 (1) (C) OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED LETTER DATED 09.02.2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. ITA NO. 5238/MUM/2019 M/S ADVANCE GRP COOLING TOWERS PVT. LTD. - 3 - 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.02.2021. SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 11.02.2021 AK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER WHICH THE