DREAMZ ACHIEVERS (INDIA) PVT. LTD., MUMBAI V. ITO 9(3)(2), MUMBAI

ITA 7123/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3672 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 19-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH MISHRA
• Assessee Lawyers: VIMAL C PUNMIYA
• Section: 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.7123/MUM/2019 (A.Y: 2013-14) DREAMZ ACHIEVERS(INDIA) PVT LTD, E-33, GARIB SOCIETY, N.S. ROAD, NO5, JVPD, SCHEME MUMBAI-400049 VS. ITO 9(3)(2 ) , ROOM NO 419, AAYAKAR BHAVAN, N.M.ROAD, MUMBAI-400020 ./ ./ PAN/GIR NO. : AABCD2841C APPELLANT .. RESPONDENT APPELLANT BY : SHRI VIMAL C PUN MIYA. AR RESPONDENT BY : SH RI RAJESH MISHRA. DR DATE OF HEARING 20 .0 5 .2021 DATE OF PRONOUNCEMENT 24 .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)-16, MUM BAI, PASSED U/S.271(1)(C) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER DT 30.03.2021 MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OP TING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS2020) AND FILED AN ITA NO. 7123/MUM/2019 DREAMZ ACHIEVERS (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 LD.AR HAS FILED A LET TER MENTIONING THAT THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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 24.05.2021 SD/- SD/- ( S RIFAUR RAHMAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 24.05.2021 KRK, PS ITA NO. 7123/MUM/2019 DREAMZ ACHIEVERS (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