ASSISTANT COMMISSIONER OF INCOME TAX-16(1), MUMBAI V. M/S. DISNEY ENTERTAINMENT INDIA LTD., MUMBAI

ITA 5662/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2942 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 30-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VISHAL ASSAR
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 5662 /MUM./2019 ( ASSESSMENT YEAR : 20 12 13 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 16(1), MUMBAI . APPELLANT V/S M/S. DISNEY ENTERTAINMENT INDIA LTD. 1 ST FLOOR, BUILDING NO.14, HARGOVINDJI MARG, CHAKALA, ANDHERI (EAST) MUMBAI 400 056 PAN AAACU9044R . RESPONDENT REVENUE BY : SHRI KAILASH KANOJIA ASSESSEE BY : SHRI VISHAL ASSAR DATE OF HEARING 25 . 0 3 .202 1 DATE OF ORDER 24.05.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 7 TH JUNE 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 4 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 2012 13. 2. WHILE GOING THROUGH THE RECORD AVAILABLE BEFORE US, WE FIND THAT T HE ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020 AND A CKNOWLEDGEMENT IN FORM 1 AND 2 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME AND FORM NO.3 2 M/S. DISNEY ENTERTAINMENT INDIA LTD. ISSUED BY THE REVENUE ARE ALSO KEPT ON RECORD. IN THIS VIEW OF THE AFORESAID CIRCUMSTANCES, THE LEARNED COUNSEL FOR THE ASSESSEE DID NOT WISH TO CONTEST THE REVENUES APPEAL BEFORE US. 3. THE LEA RNED DEPARTMENTAL REPRESENTATIVE DID NOT OBJECT TO THE SUBMISSIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE . 4. CONSIDERING THE FACT THAT THE ASSESSEE IS NOT INTERESTED TO CONTEST THE APPEAL FILED BY THE REVENUE BEFORE US , AS THE ASSESSEE HAS APPLIED FOR SET TLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020 , C ONSEQUENTLY, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY TO KEEP THE PRESENT APPEAL PENDING SINCE THE REVENUE HAS ALREADY ISSUED FORM NO.3 . THEREFORE, WE HOLD THAT THE APPEAL FILED BY THE REVENUE IS LIABLE TO BE DISMISSED AS SUCH. WE ARE PASSING THIS ORDER DURING THIS MONTH SINCE THE ASSESSEE COULD PROVIDE THE FORM NO.3, UNDER THE SCHEME ONLY NOW. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 24.05.2021 3 M/S. DISNEY ENTERTAINMENT INDIA LTD. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI