SYNGENTA CROP PROTECTION P.LTD, PUNE V. ACIT 1(3)(1), MUMBAI

ITA 6214/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8712 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 11-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH PARUCHU
• Assessee Lawyers: NEMIN SHAH
• Section: 143(3); 250; 254(2); 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6214/MUM/2017 (A.Y: 2012-13) SYNGENTA CROP PROTECTION P LTD., AMAR PARADIGAM, SURVEY NO. 110/11/13 BANER ROAD, PUNE 411045. VS. ACIT 1(3)(1) RM NO. 540, 5 TH FLOOR, AAYAKAR BHAVAN, MK MARG, MUMBAI ./ ./ PAN/GIR NO. : AAACZ0193L APPELLANT .. RESPONDENT APPELLANT BY : SHRI NEMIN SHAH, AR RESPONDENT BY : SHRI DINESH PARUCHU, SR. DR DATE OF HEARING 22 .0 3 .2021 DATE OF PRONOUNCEMENT 24 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 03 MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TA X ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR HAS FILED A LETTE R DATED 08-03-2021 EXPLAINING THAT THE ASSESSEE IS INTEND T O SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE V ISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN ITA NO. 6214/MUM/2017 SYNGETA CROP PROTECTION PVT LTD.,MUMBAI - 2 - FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE L D. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS F ILED A LETTER DT 08-03-2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FRO M THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADA LE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 24.03.2021 KRK, PS ITA NO. 6214/MUM/2017 SYNGETA CROP PROTECTION PVT LTD.,MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI