M/s. FASSCO INTERNATIONAL (I) PVT. LTD. , MUMBAI V. JCIT (OSD), CIRCLE, 9(3)(1), MUMBAI

ITA 6445/MUM/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9440 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 08-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH DESHPANDE
• Keywords: Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “F” BENCH, MUMBAI BEFORE SHRI SAKTIJI DEY, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 6445/MUM/2019 (A.Y: 2015-16) M/s. FASSCO International (I) Pvt. Ltd., Unit No. 6, 6 th Floor Jyoti Wire House Andheri (W), Mumbai - 400053 PAN: AACCF0629B v. Jt. CIT (OSD) Circle – 9(3)(1) Aayakar Bhavan Churchgate Mumbai - 400020 (Appellant) (Respondent) Assessee by : None Department by : Shri Saurabh Deshpande Date of Hearing : 03.09.2021 Date of Pronouncement : 03.09.2021 O R D E R PER. S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–16, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.06.2019 for the A.Y. 2015-16. 2 ITA NO. 6445/MUM/2019 (A.Y: 2015-16) M/s. FASSCO International (I) Pvt. Ltd., 2. Assessee filed a letter dated 21 st August, 2021 and submitted as under: - “Name: Fassco International (India) Private Limited PAN: AACCF0629B Assessment Year: 2015-16 Appeal No: ITA 6445/MUM/2019 Re. Appeal fixed for Hearing on 15 th September 2021 Before F Bench Respected Sir, Hearing of the aforesaid matter is scheduled for hearing before F bench on 15 th September 2021. Copy of the notice is enclosed as Annexure A. In this connection, we would like to submit that Appellant has already made an application for settlement of the dispute under Vivaad Se Vishwas Scheme. Application of the Appellant has been accepted and thereafter payment or tax as"" per Form 3 has also been made. We have also filed application on 12 th April 2021 to withdraw the appeal with the ITAT Registry. Copy of the letter is enclosed as Annexure B. Final form No 5 is awaited from the competent authority. As the matter has already been settled in dispute under Vivaad Se Vishwas scheme, we request your Honour to kindly pass order to dispose the appeal. Copy of Form 3 and Form 4 are also attached herewith as Annexure C and D for your reference..” 3. On a perusal of the above letter filed by the assessee and enclosed copy of Form-5 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-5 from the Revenue accepting the said declaration. Assessee requested for 3 ITA NO. 6445/MUM/2019 (A.Y: 2015-16) M/s. FASSCO International (I) Pvt. Ltd., withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 03.09.2021. Sd/- Sd/- (SAKTIJI DEY) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 03.09.2021 Giridhar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum