SHAPOORJI PALLONJI FORBES SHIPPING LTD (FORMERLY KNOWN AS SCI FORBES LTD), MUMBAI V. THE DEPUTY COMMISSIONER OF INCOME TAX 5(3)(1), MUMBAI

ITA 5474/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6701 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 22-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 143(3); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 5474 /MUM/2019 (A.Y: 2013 - 14 ) M/S. SHAPOORJI PALLONJI FORBES SHIPPING LTD., {FORMERLY KNOWN AS SCI FORBES LTD.,} M/S. KALYANIWALLA & MISTRY LLP ESPLANADE HOUSE, 2 ND FLOOR 29, HAZARIMAL SOMANI MARG FORT, MUMBAI - 400001 PAN: AAKCS0662F V. THE DCIT 5 ( 3 )( 1 ) AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 21 .01.2021 DATE OF PRONOUNCEMENT : 21 .01.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 10 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 14.06.2019 FOR THE A.Y . 2013 - 14 . 2 ITA NO. 5474/MUM/2019 (A.Y:2013 - 14) M/S. SHAPOORJI PALLONJI FORBES SHIPPING LTD., 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 18 TH JANUARY, 2021 AND SUBMITTED AS UNDER: - THIS IS WITH REFERENCE TO THE ABOVE MENTIONED APPEAL WHICH IS PENDING BEFORE 'SMC BENCH. THE APPELLANT HAS CHALLENGED THE ASSESSMENT ORDER U/S. 143(3) OF THE ACT DATED 09.03.2016, PASSED BY THE INCOME TAX OFFICER - 5(3)(2), MUMBAI, FOR THE ASSESSMENT YEAR 2013 - 14. T HE APPEAL WAS FILED WITH THE HON'BLE INCOME TAX APPELLATE TRIBUNAL ON 22 ND AUGUST 2019. IN THE MEANTIME, THE LEGISLATURE HAS ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (THE SAID ACT) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX, AND THE MATTERS CONNECT ED THEREWITH AND INCIDENTAL THERETO. THE APPELLANT HAD FILED A DECLARATION UNDER SECTION 3 OF THE SAID ACT ON 18TH DECEMBER, 2020 BEFORE THE DESIGNATED AUTHORITY IN FORM 1 AND 2 (COPY ENCLOSED). THE DESIGNATED AUTHORITY HAS ISSUED A CERTIFICATE UNDER SECTI ON 5(1) OF THE SAID ACT IN FORM 3 (COPY ENCLOSED) ON 23RD DECEMBER, 2020. THE APPELLANT IS REQUIRED UNDER SECTION 4(3) OF THE SAID ACT, TO WITHDRAW THE AFORESAID APPEAL AND FURNISH THE PROOF OF WITHDRAWAL ALONG WITH THE INTIMATION OF PAYMENT, IF ANY, TO TH E DESIGNATED AUTHORITY IN FORM 4. THE APPELLANT, THEREFORE, PRAYS THAT THE ABOVE APPEAL BE FIXED FOR HEARING AND PERMITTED TO BE WITHDRAWN. THE APPELLANT IS PRESENTLY ASSESSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 5(3)(L), MUMBAI WHO IS UNDER TH E ADMINISTRATIVE CONTROL OF PRINCIPAL COMMISSIONER OF INCOME - 5, MUMBAI. 3. ON A PERUSAL OF THE ABOVE LETTER OF THE ASSESSEE AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE V ISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE 3 ITA NO. 5474/MUM/2019 (A.Y:2013 - 14) M/S. SHAPOORJI PALLONJI FORBES SHIPPING LTD., REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN VIRTUAL COURT ON 21 .01.2021. SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 21 / 01/2021 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM