PRABHAT CABLES PVT LTD., MUMBAI V. DCIT CC 5 (2), MUMBAI

ITA 6969/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7115 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 13-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PRIYANKA SHARMA
• Section: 271(1)(c); 5(2)

Judgement Text

ITA NOS. 6969 & 6970/MUM/2019 A.YS. 2009 - 10 & 2010 - 11 M/S PRABHAT CABLES PVT. LTD. VS. DCIT, CC - 5(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO S.6969 & 6970/MUM/2019 (ASSESSMENT YEAR S: 2009 - 10 & 2010 - 11 ) M/S PRABHAT CABLES PVT. LTD. 33, ISMAIL BLDG. PATHAK WADI, LOHAR CHAWL, MUMBAI 400 002 VS. DCIT, CENTRAL CIRCLE - 5(2) ROOM NO. 571, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 PAN NO. AAFCP4022K (ASSESSEE) (REVENUE) ASSESSEE BY : MS.PRIYANKA SHARMA, A.R REVENUE BY : MS. SHREEKALA PARDESHI , D.R DATE OF HEARING : 25 /08/2021 DATE OF PRONOUNCEMENT : 25 /08/2021 ORDER PER RAVISH SOOD, J.M: THE CAPTIONED APPEAL S FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE RESPECTIVE ORDER S PASSED BY THE CIT(A) - 53 , MUMBAI, DATED 16.09.2019 , WHICH IN TURN ARISES FROM THE PENALTY ORDER S PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 30. 0 3 .2018 FOR ASSESS MENT YEARS 2009 - 10 & 2010 - 11. 2. THE ASSESSEE S COUNSEL HAS FILED BEFORE US A LETTER DATED 24.08.2021, WHEREIN IT IS STATED THAT THE ASSESSEE COMPANY HAS FILED APPLICATION S FOR BOTH THE CAPTIONED YEARS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFOR ESAID MATTER S PENDING BEFORE THE TRIBUNAL AND HAD RECEIVED THE CERTIFICATE S IN FORM 5 FOR BOTH THE YEARS UNDER SUB - SECTION (2 ) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSE E HAD ENCLOSED ALONGWITH ITS LETTER FORM 5 ISSUED BY THE DESIGNATED AUTHORITY FOR BOTH THE AFOREMENTIONED YEARS . IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEALS BE ALLOWED TO BE WITHDRAWN. ITA NOS. 6969 & 6970/MUM/2019 A.YS. 2009 - 10 & 2010 - 11 M/S PRABHAT CABLES PVT. LTD. VS. DCIT, CC - 5(2) 2 3. THE LD. D.R DI D NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE CAPTIONED APPEAL S AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER T HE VIVAD SE VISHWAS SC HEME , THEN, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS AFOREMENTIONED APPEAL S . 5. RESULTANTLY, BOTH THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION S RECORDED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 25 /08/2021 SD/ - SD/ - ( S.RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 25 .08.2021 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