INCOME TAX OFFICER 11(2)(4), MUMBAI V. M/S. SUNGOLD PACKAGING PRIVATE LIMITED, MUMBAI

ITA 6094/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2921 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 03-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Assessee Lawyers: JITENDRA SINGH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) ITA NO. 6094/MUM/2017 ASSESSMENT YEAR: 2011-12 THE INCOME TAX OFFICER-11(2)(4), ROOM NO. 349, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020. VS. M/S SUNGOLD PACKAGING PVT. LTD., B/502, RAMCHINTAN BUILDING, SHIVAJI NAGAR CHOWK, VILE PARLE (E), MUMBAI-400057. PAN NO. AAICS 92221 L APPELLANT RESPONDENT REVENUE BY : MS. T.S. KHALSA, DR ASSESSEE BY : MR. JITENDRA SINGH, AR DATE OF HEARING : 03/06/2021 DATE OF PRONOUNCEMENT : 03/06/2021 ORDER PER S. RIFAUR RAHMAN, A.M. THIS IS AN APPEAL FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2011-12. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-18, MUMBAI [IN SHORT CIT(A)] AND AR ISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT 1961, (T HE ACT). 2. AT THE OUTSET, THE ASSESSEE FILED VIDE LETTER DATED 02.06.2021, ASSESSEE SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATI ON UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND CONFIRMED THE RECEIPT OF FORM-3 AS WELL AS REMITTED THE TAX AND PRAYER TO WITHDRAW THE APPE AL. M/S SUNGOLD PACKAGING 2 ITA NO. 6094/M/2017 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGG ESTED AND AGREED TO FILE THE COMPLIANCE REPORT FROM ASSESSING OFFICER IN DUE COU RSE. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL OF T HE REVENUE SINCE ASSESSEE HAS PREFERRED TO SETTLE THE ISSUE UNDER VIVAD SE VI SHWAS SCHEME AND IT HAS RECEIVED THE ACKNOWLEDGEMENT IN FORM-3 AS WELL AS P AID THE TAX DUE ON THEM. THEREFORE, THIS APPEAL IS ACCORDINGLY DISMISSED. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/06/2021. SD/- SD/- (SAKTIJIT DEY) ( S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 03/06/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI