ITO 8 (2)(4), MUMBAI V. M/S SUN COLORANTS PVT LTD., MUMBAI

ITA 6469/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6746 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 10-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR

Judgement Text

ITA NO.6469/MUM/2019 A.Y.2009 - 10 ITO 8(2)(4) VS. M/S SUN COLORANTS P. LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO . 6469/ MUM/2019 (ASSESSMENT YEAR: 2009 - 10 ) ITO - 8(2)(4) ROOM NO. 618, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, 400020 VS. M/ S SUN COLORANTS PVT. LTD. 142/9, ASHALAYA, 2 ND FLOOR, SION (WEST), MUMBAI - 400022 PAN NO. AACCS7533D (REVENUE) (ASSESSEE) ASSESSEE BY : (WITHDRAWAL REQUEST LETTER DATED 24.03.2021) REVENUE BY : SHRI SUMIT KUMAR , D.R DATE OF HEARING : 01/04 /2021 DATE OF PRONOUNCEMENT : 01 /04 /2021 ORDER PER RAVISH SOOD, J.M: THE CAPTIONED APPEAL FILED BY THE RE VENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 14, MUMBAI, DATED 30.07.2019 , WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSED BY THE A.O UNDER SEC.271(1)(C) OF THE INCOME - T AX ACT, 1961, DATED 22.03.2018 FOR A.Y. 2009 - 10 . 2. THE ASSESSEE HAS FILED A LETT ER DATED 29 TH MARCH , 2021, WHEREIN IT IS INTER ALIA STATED THAT IT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 WITH RESPECT TO ITS CAPTIONED APPEAL FOR A.Y. 2009 - 10 WHICH IS PENDING BEFORE THE INCOME - TAX APPELLATE TRIBUNAL. COP Y OF THE FORM 1 AND FORM 2 FILED BY THE ASSESSEE UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 HAD BEEN FILED ALONGWITH THE PRESENT APPLICATION . 3. THE LD. D.R DID NOT CONTROVERT THE AFORESA ID FACTUAL POSITION AS HAD BEEN CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE REVENUES APPEALS AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THEN, THE APPELLANT REVENUE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR R ESTORATION OF ITS AFORESAID APPEAL . ITA NO.6469/MUM/2019 A.Y.2009 - 10 ITO 8(2)(4) VS. M/S SUN COLORANTS P. LTD. 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PRONOUN CED IN THE OPEN COURT ON 01 /04 /2021. SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 .0 4 .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