M/S.ABHISHEK MILLENNIUM CONTRACTS PRIVATE LIMITED, MUMBAI V. DEPUTY COSIONER OF ICOME TAX 9(1)(1), MUMBAI

ITA 5575/MUM/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 5627 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 03-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Assessee Lawyers: PRATHIMA POKHARNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A, BENCH MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.5574 & 5575/MUM/2018 ( ASSESSMENT YEARS: 2009-10 & 2011-12 ) ABHISHEK MILLENIUM CONTRACTS PRIVATE LIMITED A-206, OBEROI CHAMBERS OFF NEW LINK ROAD OPP SAB TV, ANDHERI WEST MUMBAI-400 053 VS. DCIT-9(1)(1) ROOM NO.260A, 2 ND FLOOR AAYKAR BHAWAN, M.K.ROAD MUMBAI-400 002 PAN/GIR NO. AAECA7004P (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI PRATHIMA POKHARNA, AR REVENUE BY SHRI BRAJENDRA KUMAR, DR DATE OF HEARING 2 2/12 /2020 DATE OF P RONOUNCEME NT 23 / 12 / 20 20 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST COMMON ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)- 16, MUMBAI, DATED 26/07/2018 FOR THE ASST. YEARS 2009-10 & 2011- 12. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISHVAS SCHEME UNDER THE DIRECT TAX VIVAD SE VISWAS SCHEME 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE HAS GONE INTO FOR VIVAD SE VISWAS SCHEME 2020, THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS ITA NOS.5574 & 5575/MUM/2018 M/S. ABHISHEK MILLENIUM CONTRACTS PVT.LTD. 2 REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNUSAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23 /12/2020 SD/- (AMARJIT SINGH) SD/- (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 23/12/2020 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//