DEPUTY COMMISSIONER OF INCOME TAX 1(3)(1), MUMBAI V. SWEET MEMORIES PROPERTY PRIVATE LIMITED, MUMBAI

ITA 6304/MUM/2017

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 4875 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 18-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Assessee Lawyers: PRATIK SHINDE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.6304/M/2017 ASSESSMENT YEAR: 2009-10 DCIT 1(3)(1), 5 TH FLLOR, ROOM NO.540, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. SWEET MEMORIES PROPERTY PVT. LTD., 1B, 1 ST FLOOR, COURT CHAMBERS, 35, SIR VITHALDAS THACKERSEY MARG, NEW MARINE LINES, MUMBAI 400 020 PAN: AALCS 2054G (APPELLANT) (RESPONDENT) ITA NO.6204/M/2017 ASSESSMENT YEAR: 2009-10 M/S. SWEET MEMORIES PROPERTY PVT. LTD., 1B, 1 ST FLOOR, COURT CHAMBERS, 35, SIR VITHALDAS THACKERSEY MARG, NEW MARINE LINES, MUMBAI 400 020 PAN: AALCS 2054G VS. DCIT 1(3)(1), 5 TH FLLOR, ROOM NO.540, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI PRATIK SHINDE, A.R. REVENUE BY : SHRI T.S. KHALSA, D.R. DATE OF HEARING : 14.12.2020 DATE OF PRONOUNCEMENT : 23.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE ABOVE CROSS APPEALS HAVE BEEN PREFERRED AGAINST THE ORDER DATED 04.08.2017 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2009-10. ITA NO.6304/M/2017 & ITA NO.6204/M/2017 M/S. SWEET MEMORIES PROPERTY PVT. LTD. 2 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS GOING IN FOR VIVAD SE VISHVAS SCHEME UNDER THE DIRECT TAX ACT, 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE IS GOING FOR VIVAD SE VISHVAS SCHEME, 2020 THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. 4. SINCE THE ASSESSEES APPEAL IS DISMISSED THE APPEAL OF THE REVENUE BECOMES INFRUCTUOUS AND HENCE THE SAME IS DISMISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE AS WELL AS OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.12.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 23.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ ITA NO.6304/M/2017 & ITA NO.6204/M/2017 M/S. SWEET MEMORIES PROPERTY PVT. LTD. 3 BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.