METROPOLITAN CLEARING CORPORATION OF INDIA LIMITED, MUMBAI V. INCOME TAX WARD NUMBER-10(2)(2), MUMBAI

ITA 6268/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3755 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 16-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK J PATIL
• Section: 143(3)

Judgement Text

ITA NO . 6268/MUM/2017 A.Y. 2013 - 14 M/S METROPOLITAN CLEARING CORPORATION OF INDIA LTD. VS. ITO, WARD NO. 10(2)(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI RAVISH SOOD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 6268MUM/2017 (ASSESSMENT YEAR:2013 - 14) M/S METROPOLITAN CLEARING CORPORATION OF INDIA LTD., VIBGYOR TOWERS, 4 TH FLOOR, PLOT NO. C 62, G BLOCK, OPP. TRIDENT HOTEL, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI 400098 VS. ITO, WARD NO. 10(2)(2) AAYAKAR BHAVAN, MUMBAI 20 PAN NO. AAFCM7981E ( ASSESSEE ) ( REVENUE ) ASSESSEE BY : SHRI ASHOK J. PATIL, A.R REVENUE BY : SHRI BHARAT ANDHALE, D.R DATE OF HEARING : 26/02/2021 DATE OF PRONOUNCEMENT : 01 /03 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 1 7 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 09.02.2016 FOR ASSESSMENT YE AR 2013 - 14 . 2. THE COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ON 12 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE T HE TRIBUNAL AND HAS RECEIVED THE CERTIFICATE IN FORM 3 UNDER SUB - SECTION (1) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER FORM 3 ISSUE D BY THE DESIGNATED AUTHORITY. IT IS STATED BY THE COUNSEL THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO . 6268/MUM/2017 A.Y. 2013 - 14 M/S METROPOLITAN CLEARING CORPORATION OF INDIA LTD. VS. ITO, WARD NO. 10(2)(2) 2 4. IN VIE W OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUN CED IN THE OPEN COURT ON 01 /03 /2021. SD/ - SD/ - ( N.K. PRADHAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 .03 .2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI