M/S. JADE CONSUMER PRODUCTS(I) PVT. LTD, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX-10(2)(1), MUMBAI

ITA 5349/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1636 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 16-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH F MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5349/MUM/2019 (ASSESSMENT YEAR: 2009 - 10) M/S JADE CONSUMER PRODUCTS (I) PVT. LTD.; FLAT NO. 1, PLOT NO. 108, RAJKAR BUILDING, MAHAKALI CAVES ROAD, SHER - E - PUNJAB, MUMBAI - 400 0 9 3 . VS. DEPUTY COMMISSIONER OF INCOME - TAX - 10(2)(1), AAYKAR BHAWAN, MUMBAI 400 020 PAN NOAABCJ7019A (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI. AKSHAY JAIN REVENUE BY : SHRI. JITENDRA KUMAR, D.R DATE OF HEARING : 17/06/2021 D ATE OF PRONOUNCEMENT : 17 /06/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 17 , MUMBAI, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 28.03.2018 FOR ASSESSMENT YEAR 2009 - 10. 2. THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT AS THE ASSESSEE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFO RESAID MATTER PENDING BEFORE THE TRIBUNAL, THEREFORE, AS INSTRUCTED, THE CAPTIONED APPEAL MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DIS MISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 17 /06/2021. SD/ - SD/ - (RAJESH KUMAR) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 17 .06.2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI