VASWANI TRADING PVT LTD., MUMBAI V. ASST CIT (OSD)-3 , MUMBAI

ITA 548/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1535 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2012-2013
• Appeal Filed On: 23-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KUSHAL SHAH
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , F BENCH MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 548 / MUM/ 2020 ( ASSESSMENT YEAR : 2012 - 13 ) M/S. VASWA NI TRADING PVT. LTD GROUND FLOOR, VASWANI GARDENS, 25, SOBANI ROAD CUFFE PARADE MUMBAI 400005 VS. ASST. COMMISSIONER OF INCOME TAX(OSD) - 3 ROOM NO.608, 6 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI - 400020 PAN/GIR NO. AAACV3462G (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI KUSHAL SHAH REVENUE BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER VIKAS AWASTHY (JM): THIS APPEAL IN ITA NO.548/MUM/2020 FOR A.Y. 2012 - 13 ARISES OUT OF THE O RDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 8, MUMBAI IN APPEAL NO. CIT(A) - 8/IT - 41/2015 - 16 DATED 25/11/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 0 9/03/2015 BY THE LD. ITA NO . 548/MUM/2020 M/S. VASWANI TRADING PVT. LTD., 2 ASST. COMMISSIONER OF INCOME - TAX(OSD) - 3, MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT THE LD. AR FILED A LETTER 09/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2 020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSE D AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE A SSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 /202 1. SD/ - ( M.BALAGANESH ) SD/ - ( VIKAS AWASTHY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 12 / 0 2 / 2021 KARUNA , SR.PS ITA NO . 548/MUM/2020 M/S. VASWANI TRADING PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//