ITO, W-6(3)(1), MUMBAI, MUMBAI V. M/s. FASHION QUEENS PVT.LTD. MUMBAI, MUMBAI

ITA 5755/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8163 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 06-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUNIL DESH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5755 //2019 (. . 2011-12 ) ITA NO.5755/MUM/2019 (A.Y.2011-12) ITO WARD-6(3)(1), ROOM NO. 503, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, NEW MARINE LINES, MUMBAI-400020 ...... ) / APPELLANT VS. M/S FASHION QUEENS PVT. LTD. 27-28, JAY GOPAL INDUSTRIAL ESTATE, DADAR (W), MUMBAI-400028. PAN: AABCF2770J ..... *,/ RESPONDENT ) -/ APPELLANT BY : NONE *, -/ RESPONDENT BY : SH. SUNIL DESHPANDE . / DATE OF HEARING : 30/07/2021 . / DATE OF PRONOUNCEMENT : 30/07/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-12, MUMBAI (IN SHORT THE CIT(A)) DATED 27/05/2019 FOR THE ASSESSMENT YEAR 2011-12. 2. A LETTER DATED 14/07/2021 HAS BEEN RECEIVED FRO M THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS S CHEME, 2020 (IN SHORT 2 . 5755 //2019 (. .2011-12 ) ITA NO.5755/MUM/2019 (A.Y.2011-12) VSVS), AND THE DECLARATION FILED BY THE ASSESSEE HAS BEEN ACCEPTED. A COPY OF FORM-3 IS FURNISHED ALONGWITH THE AFORESAID LETTER. 3. SHRI SUNIL DESHPANDE REPRESENTING THE DEPARTMEN T STATED THAT THE REPORT DATED 26.07.2021 FROM THE FIELD OFFICE REGAR DING ASSESSEES COMPLIANCE TO THE CONDITIONS LAID DOWN IN FORM-3 HAS BEEN RECE IVED. THE ASSESSING OFFICER (AO) HAS CONFIRMED THAT THE ASSESSEE HAS PAID THE T AX AMOUNT DETERMINED UNDER VSVS PER FORM-3. 4. SINCE THE DECLARATION FILED BY THE ASSESSEE UND ER VSVS HAS BEEN ACCEPTED BY THE DESIGNATED AUTHORITY AND AS PER THE REPORT FROM THE AO, THE ASSESSEE HAS PAID THE TAXES IN ACCORDANCE WITH FORM -3, THE APPEAL FILED BY THE REVENUE HAS BECOME INFRUCTUOUS AND IS THUS, DISMISS ED AS SUCH. 5. IN THE RESULT, APPEAL BY THE REVENUE IS DISMISSE D AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY , THE 30 TH DAY OF JULY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3/ DATED: 30/07/2021 SK, PS * 4 * 4 * 4 * 4 COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *, / THE RESPONDENT. 3. 5 ( )/ THE CIT(A)- 4. 5 CIT 5. * , . . . , / DR, ITAT, 3 . 5755 //2019 (. .2011-12 ) ITA NO.5755/MUM/2019 (A.Y.2011-12) MUMBAI 6. 9 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI