SAMUDRA LINK FERRY SHIPPING & CRUISE SERVICE PVT. LTD., MUMBAI V. THE INCOME TAX OFFICER 2(3)(2), MUMBAI

ITA 7261/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8721 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 18-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DINESH PARCHURI
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 7261/MUM/2018 (A.Y: 2010-11) SAMUDRA LINK FERRY SHIPPING & CRUISE SERVICE PVT LTD., B-202, SHAKTI SADAN, BUILDING NO. 14, KHERNAGAR, BANDRA (E), MUMBAI 400051. VS. ITO 2(3)(2) R.NO. 571A, 5 TH FLOOR, AAYAKAR BHAVAN, MK ROAD, MUMBAI. ./ ./ PAN/GIR NO. : AAHCS0888E APPELLANT .. RESPONDENT APPELLANT BY : MS. DINKLE HARIYA , AR RESPONDENT BY : SHRI DINESH PARCHURI , SR. DR DATE OF HEARING 23 .0 3 .2021 DATE OF PRONOUNCEMENT 24 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE, JM: THE APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -6 MUMB AI, PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR HAS FILED A LETTE R DATED 19-03-2021 EXPLAINING THAT THE ASSESSEE IS INTEND T O SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE V ISHWAS ITA NO. 7261/MUM/2018 SAMUDRA LINK FERRY SHIPPING & CRUISE SERVICE PVT LT D, MUMBAI. - 2 - SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE L D. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS F ILED A LETTER MENTIONING THAT THE ASSESSEE HAS APPLIED U NDER VSVS 2020 AND HAS RECEIVED FORM-3 FROM THE INCOME T AX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 24.03.2021 KRK, PS ITA NO. 7261/MUM/2018 SAMUDRA LINK FERRY SHIPPING & CRUISE SERVICE PVT LT D, 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, MUMBA I