OXFORD UNIVERSITY PRESS, MUMBAI V. DCIT - IT TAX CIRCLE - 3(2)(2), MUMBAI

ITA 6688/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3632 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 25-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET SINGH DUGGAL
• Assessee Lawyers: WITHDRAWAL LETTER DT
• Section: 271(1)(c); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6688/MUM/2019 (A.Y: 2009-10) OXFORD UNIVERSITY PRESS UNIT NO. 4B, 30-33, 4 TH FLOOR, PHOENIX PRARAGON PLAZA, BS MARG, KURLA (W), MUMBAI 400070. VS. DCIT, CIRCLE 3(2)(2) AIR INDIA BLDG, NARIMAN POINT, MUMBAI 400021. ./ ./ PAN/GIR NO. : AAACO3278K APPELLANT .. RESPONDENT APPELLANT BY : WITHDRAWAL LETTER DT12.04.2021 RESPONDENT BY : SH RI MANPREET SINGH DUGGAL, DR DATE OF HEARING 05 .0 5 .2021 DATE OF PRONOUNCEMENT 06 .0 5 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 57, MUMB AI, PASSED U/S. 271(1)(C) AND 250 OF THE INCOME TAX ACT , 1961. 2.AT THE TIME HEARING, THE ASSESSEE HAS FILED A LE TTER DT 12-04-2021 MENTIONING THAT IT INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 ITA NO. 6688/MUM/2019 OXFORD UNIVERSITY PRESS., MUMBAI - 2 - (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD.DR HAS NO OBJECTIONS. 3. WE HEARD THE LD DR AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS FILED A LETTER ON 12.04.2021 OPTED FOR VIVAAD SE VISHWAS SCHEME 202 0 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE AP PEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GI VEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.05.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 06.05.2021 KRK, PS ITA NO. 6688/MUM/2019 OXFORD UNIVERSITY PRESS., 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