NATIONAL REFINERY PVT. LTD., MUMBAI V. DCIT, CIRCLE 5(2)(1), MUMBAI

ITA 6570/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4705 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 18-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH MUMBAI BEFORE : SHRI C.N.PRASAD, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT M EMBER ITA NO. 6570 /MUM/ 20 19 ( ASSESSMENT YEAR : 201 2 - 1 3 ) M/S. NATIONAL REFINERY PVT. LTD., GROUND FLOOR MILAN BUILDING 87, TARDEO ROAD OPP. AIR CONDITIONED MARKET MUMBAI 400 034 VS. DCIT, CIECLE 5(2)(1) AAYKAR BHAVAN M.K. ROAD MUMBAI - 400 020 PAN/GIR NO. AAACN2799J (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY MS. DINKLE HARIA REVENUE BY SHRI THARIAN OO MMEN DATE OF HEARING 18 / 05 /202 1 DATE OF PRONOUNCEMENT 18 / 05 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 6570/MUM/2019 FOR A.Y. 2012 - 13 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 10 , MUMBAI IN APPEAL NO. CIT(A) - 10, MUMBAI/10157/2014 - 15 DATED 29/08/2019 (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 23/02/2015 BY THE LD. DY. COMMISSIONER OF INCO ME TAX 5(2)(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 6570/MUM/2019 M/S. NATIONAL REFINERY PVT. LTD., 2 2. WE FIND THAT THE ASSESSEE FILED A LETTER MENTIONING THAT AN APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSID ERATION 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 IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO G ET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD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 ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COU RT ON 18 / 05 /202 1 . SD/ - ( C.N. PRASAD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 18 / 05 / 2021 KARUNA , SR.PS ITA NO . 6570/MUM/2019 M/S. NATIONAL REFINERY PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. RE GISTRAR) ITAT, MUMBAI 1. THE APPEL LANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//