FULFORD (INDIA) LTD, MUMBAI V. ASST CIT (OSD) 2(1), MUMBAI

ITA 6624/MUM/2011

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9808 (ITAT-MUMBAI)
• Duration Of Justice: 9 year(s) 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2004-2005
• Appeal Filed On: 03-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS.6624 & 6090/MUM/2011 (A.Y: 2004-05 & 2005-06) FULFORD (INDIA) LTD., 8 TH FLOOR PLATINA, C-59, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) 400098. VS. ACIT (OSD) - 2(1) MUMBAI ./ ./ PAN/GIR NO. : AAACF1795L APPELLANT .. RESPONDENT APPELLANT BY : SHRI MADHUR AGARWAL , AR RESPONDENT BY : SH RI ANAND MOHAN, CIT(DR) DATE OF HEARING 24 . 0 6 .2021 DATE OF PRONOUNCEMENT 25 .0 6 .202 1 / O R D E R PER PAVAN KUMAR GADALE JM: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AG AINST SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) -15, MUMBAI, ORDER PASSED U/S 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED A LETTER DT 23.06.2021 MENTIONING THAT TH E ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OPT ING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS2020) AND FILED AN ITA NO. 6090 & 6624/MUM/2011 FULFORD INDIA PVT LTD., MUMBAI. - 2 - APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 202 0. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FO R VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT AS MENTIONED BY THE LD.AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISM ISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.06.2021 SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 25.06.2021 KRK, PS ITA NO. 6090 & 6624/MUM/2011 FULFORD INDIA PVT LTD., MUMBAI. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI