VITRAG METAL P. LTD, MUMBAI V. ITO WD 5(3)(3), MUMBAI

ITA 5533/MUM/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9367 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 08-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJIV M SHAH
• Section: 147; 271(1)(c); 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No. 5533/Mum/2016 (A.Y 2007-08) ITA No. 6015/Mum/2016 (A.Y 2007-08) ITA No. 6016/Mum/2016 (A.Y 2008-09) M/s Vitrag Metal Pvt Ltd, 315, Kanji Mansion, SV Road, Khetwadi, Mumbai- 400004. Vs. The ITO, Ward 5(3)(3) Aayakar Bhavan, 5 th Floor, MK Road, Mumbai – 400020. सं./ज आइआर सं./PAN/GIR No. : AACCV1422A Appellant .. Respondent ITA No. 1711/Mum/2017 (A.Ys: 2007-08) The ITO, Ward 5(3)(3) Aayakar Bhavan, 5 th Floor, MK Road, Mumbai – 400020. Vs. M/s Vitrag Metal Pvt Ltd, 315, Kanji Mansion, SV Road, Khetwadi, Mumbai- 400004.. सं./ज आइआर सं./PAN/GIR No. : AACCV1422A Appellant .. Respondent CO No. 297/Mum/2018 (A.Ys: 2007-08) (Arising out of ITA No. 1711/Mum/2017) M/s Vitrag Metal Pvt Ltd, 315, Kanji Mansion, SV Road, Khetwadi, Mumbai- 400004. Vs. The ITO, Ward 5(3)(3) Aayakar Bhavan, 5 th Floor, MK Road, Mumbai – 400020. M/s Vitrag Metal P Ltd, Mumbai - 2 - सं./ज आइआर सं./PAN/GIR No. : AACCV1422A Appellant .. Respondent Appellant/Respondent by : Shri Sanjiv M Shah. AR Respondent/Appellant by : Shri S.N. Kabra. DR Date of Hearing 04.10.2021 Date of Pronouncement 06.10.2021 आद श / O R D E R PER BENCH: The three appeals are filed by the Assessee. The Revenue has filed a Cross appeal and the Cross Objection is filed by the assessee against the different orders of the Commissioner of Income Tax (Appeals) – 9 & 10, Mumbai passed(i) u/s 143(3) r.w.s 147 and (ii) U/sec 271(1)(c) and 250 of the Income Tax Act, 1961. 2. At the time hearing, the Ld. Counsel of the assessee has submitted a letter mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) In ITA. No. 5533/M/2016,ITA.No.6015/M/2016,ITANo.6016/M/2016 and ITA.No.1711/M/2017(Revenue appeal) and has received Form.no. 3 under VSVS Rules 2020. Contra, the Ld. DR has no objections. M/s Vitrag Metal P Ltd, Mumbai - 3 - 3. We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the three appeals of the assessee as withdrawn. Further in the case of Revenue appeal, the assesee has received Form-no-3, and the revenue was given many opportunities to confirm the Tax payment/Report and on the last date of hearing on 29-09- 2021, the Ld. DR was provided Last Chance to produce confirmation of Tax payment on 4-10-2021. But no such report/confirmation was filed. We considering the facts and circumstances dismiss the revenue appeal and the assessee/revenue is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law. 4. CO. No. 297/Mum/2018. Since the assessee has opted for VSVS2020 in revenue appeal and is dismissed. The Cross Objection filed by the assessee becomes infractuous and is also dismissed. M/s Vitrag Metal P Ltd, Mumbai - 4 - 5. In the result, the three appeals and the Cross objection filed by the assessee is dismissed and the appeal of the revenue is dismissed. Order pronounced in the open court on 06.10.2021. Sd/- Sd/- ( S RIFAUR RAHMAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 06.10.2021 KRK, PS /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. सं ं आ र आ / The CIT(A) 4. आ र आ ( ) / Concerned CIT 5. "#$ % & &' , आ र ) र*, हमद द / DR, ITAT, Mumbai 6. % -. / 0 / Guard file. ान ु सार/ BY ORDER, स " & //True Copy// 1. ( Asst. Registrar) ITAT, Mumbai