M/S. ECO RECYCLING LIMITED, MUMBAI V. INCOME TAX OFFICER 9(2)(4), MUMBAI

ITA 5280/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3611 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 13-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5280/MUM/2019 ASSESSMENT YEAR: 2014-15 M/S. ECO RECYCLING LIMITED 422, THE SUMMIT BUSINESS BAY, NEAR WEH METRO STATION, ANDHERI(E), ANDHERI ANDHERI-KURLA ROAD MUMBAI-400 093 VS. ITO-9(2)(4) 259-A, SECOND FLOOR AAYKAR BHAWAN M.K.ROAD, MUMBAI-400 020 PAN NO. AAACS6183R APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA, DR DATE OF HEARING : 09/03/2021 DATE OF PRONOUNCEMENT : 09/03/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2014-15. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-16, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX A CT 1961, (THE ACT). 2. THE ASSESSEE/APPELLANT HAS FILED A LETTER DATED 15/02/2021 BEFORE THE TRIBUNAL STATING THAT THEY HAVE RECEIVED CERTIFICAT ION IN FORM-3 UNDER THE VIVAD SE VISHWAS SCHEME, 2020 AND PAID THE TAX AS P ER THE CERTIFICATE. ITA NO. 5280/M/2019 ECO RECYCLING LIMITED 2 WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE THE ABOVE SUBMISSION OF THE APPELLANT. 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 DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUP REME COURT OF INDIA. CONSIDERING THE LETTER DATED 05/03/2021 FILED BY TH E APPELLANT, WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. 4. IN THE RESULT, THIS APPEAL IS DISMISSED AS WITHD RAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 09/03/2021 SD/- SD/- ( VIKAS AWASTHY ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 09/03/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT ITA NO. 5280/M/2019 ECO RECYCLING LIMITED 3 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI