M/S THE BENGAL MILL STORES SUPPLY CO. (BOMBAY), MUMBAI V. ASST CIT 17 (3), MUMBAI

ITA 7228/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3693 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 25-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Assessee Lawyers: JITENDRA SINGH
• Section: 143(3); 250; 254(2); 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.7228/MUM/2019 (A.Y: 2012-13) M/S. THE BENGAL MILL STORES SUPPLY CO. (BOMBAY) 205, MGANLAL CHAMBER, BABAN RAO BOBDE MARG, IRON MARKET, MASJID BANDER EAST, MUMBAI 400009 VS. ACIT 17(3) R.NO. 614, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI 400012. ./ ./ PAN/GIR NO. : AAEFT7645Q APPELLANT .. RESPONDENT APPELLANT BY : SHRI JITENDRA SINGH . AR RESPONDENT BY : SH RI THARIAN OOMMEN . DR DATE OF HEARING 03 .0 6 .2021 DATE OF PRONOUNCEMENT 03 .0 6 .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)-28, MUM BAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, THE LD. COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER DT 05.04.2021 MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OP TING FOR ITA NO. 7228/MUM/2019 M/S. THE BENGAL MILL STORES SUPPLY CO (BOMBAY) MUMB AI - 2 - VIVAD SE VISHWAS SCHEME 2020 (VSVS2020) AND FILED AN 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THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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 03.06.2021 SD/- SD/- ( M BALAGANESH ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 03.06.2021 KRK, PS ITA NO. 7228/MUM/2019 M/S. THE BENGAL MILL STORES SUPPLY CO (BOMBAY) MUMB AI - 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