M/S.K.G. CORPORATION , MUMBAI V. DCIT CENTRAL CIRCLE 5(3), MUMBAI

ITA 6308/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8184 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2015-2016
• Appeal Filed On: 02-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL KUMAR JHA
• Section: 201; 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , H BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 6308 / MUM/ 20 18 ( ASSESSMENT YEAR : 201 5 - 16 ) M/S. K.G. CO RPORATION LTD. 11/12, RAGHUVANSHI MILL COMPOUND, LOWER PAREL MUMBAI - 400 013 VS. DCIT, CENTRAL CIRCLE - 5(3) AIR INDIA BUILDING, 19 TH FLOOR, ROOM NO.1906 NARIMAN POINT MUMBAI - 400 021 PAN/GIR NO. AA CCT3462C (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI SUNIL KUMAR JHA, CIT - DR DATE OF HEARING 12/01/2021 DATE OF PRONOUNCEMENT 12 / 01/ 202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 6308 /MUM/2018 FOR A.Y. 201 5 - 16 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONE R OF INCOME TAX (APPEALS) - 53 , MUMBAI IN APPEAL NO. CIT(A) - 53/ IT - 603/DCCC - 5(3)/2017 - 18 DATED 20/08/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 2 6/12/2017 BY T HE LD. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE - 5(3) (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 6308 /MUM/2018 M/S. K.G.CORPORATION LTD. 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 02/11/202 0 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2 020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSE D AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE A SSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 01 /202 1. SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 12 / 01 / 2021 KARUNA , SR.PS ITA NO . 6308 /MUM/2018 M/S. K.G.CORPORATION LTD. 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI DATE INITIAL 1. DRAFT DICTATED ON SR.PS 2. DRAFT PLACED BEFORE AUTHOR SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//