DCIT CC 3(2) CEN RG 3, MUMBAI V. WORLD SPORTS (INDIA) P . LTD, MUMBAI

ITA 5330/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8487 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 14-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AND AGAINST TH E DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & BEFORE SHRI S. RIFAUR RAHMAN, AM / I .T.A. NO . 5330 /MUM/20 17 ( / ASSESSMENT YEAR: 2011 - 12 ) ACIT CC 3(2), CENTRAL RANGE - 3, ROOM NO. 1913, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400 021 / VS. M/S WORLD SPORTS (INDIA) PVT. LTD. 602, SAPPHIR, PLOT NO. 82, S. V. ROAD, KHAR WEST, MUMBAI - 400 052 ./ ./ PAN/GIR NO. : A AACW6355R ( / APPELLANT ) .. ( / RESPONDENT ) CROSS OBJECTION NO. 268 /MUM/20 19 ( / ASSESSMENT YEAR: 2011 - 12 ) M/S WORLD SPORTS (INDIA) PVT. LTD. 602, SAPPHIR, PLOT NO. 82, S. V. ROAD, KHAR WEST, MUMBAI - 400 052 ACIT CC 3(2), CENTRAL RANGE - 3, ROOM NO. 1913, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400 021 / DATE OF HEARING: 25 / 02 /20 21 /DATE O F PRONOUNCEMENT: 25 /03 / 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL AS WELL AS CO HAS BEEN FILED BY THE REVENUE AND ASSESSEE AGAINST TH E ORDER DATED 26.05.2017 PASSED BY LD. COMMISSIO NER OF ASSESSEE BY : SHRI SANJAY SINGH , DR REVENUE BY: SHRI MADHUR AGARWAL/ SHRI P. J. PARDIWALA, A R S ITA NO. 5330 /MUM/20 19 & CO - 268/MUM/2019 M/S WORLD SPORTS (INDIA) PVT. LTD. 2 INCOME TA X (APPEALS) - 58 [HEREINAFTER REFERRED TO AS THE LD. CIT(A) ] RELEVANT TO A.Y. 2011 - 12 . 2 . AT THE OUTSET, WHEN THE APPEAL WAS CALLED OUT FOR HEARING, THE L D. COUNSEL O F THE ASSESSEE SUBMITTED THAT ASSESSEE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (AC T 3 OF 2020). HE FILED LETTER DATED 18 .02. 2021 CONFIRMING THE RECEIPT OF FORM - 3 A ND PRAYER TO WITHDRAW THE CO . 3. THE LD. DR DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE CO FILED BY ASSE SSEE AS WITHDRAWN BASED ON THE LETTER SUBMITTED BEFORE US AND ASSESSEE HA S FILED THE RELEV ANT FORM NO. 3 UNDER THE VIVAD SE VISHWAS SCHEME, 2020. ACCORDINGLY, THE APPEAL OF THE REVENUE BECOMES INFRUTUOUS AS DISMISSED . 5. IN THE RESULT, THE CO FILED BY ASS ESSEE AND APPEAL FILED BY REVENUE STANDS DISMISSED . . ORDER PRONOUNCED IN THE OPEN COURT ON 25 /03 /202 1 . SD/ - SD/ - ( VIKAS AWASTHY ) (S. RIFAUR RAHMAN ) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 25 /03 / 20 2 1 DHANANJAY ( SR.PS ) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI ITA NO. 5330 /MUM/20 19 & CO - 268/MUM/2019 M/S WORLD SPORTS (INDIA) PVT. LTD. 3 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI