PURPLE PEBBLE ENTERTAINMENT CO. PVT. LTD., MUMBAI V. ACIT- 16(1), MUMBAI

ITA 7285/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3669 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 20-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: WITHDRAWAL LETTER DT
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 7285/MUM/2018 (A.Y: 2014-15) PURPLE PEBBLE ENTERTAINMENT CO. PVT LTD., 807B, RAJ CLASSIC, YARI ROAD, VERSOVA ANDHERI (W), MUMBAI 400061. VS. ACIT 16(1) AAYAKAR BHAVAN, MK ROAD, MUMBAI 400020. ./ ./ PAN/GIR NO. : AAGCP3468C APPELLANT .. RESPONDENT APPELLANT BY : WITHDRAWAL LETTER DT 21.05.2021 RESPONDENT BY : MS. SHREEKALA PARDESHI, DR DATE OF HEARING 31 .0 5 .2021 DATE OF PRONOUNCEMENT 31 .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) - 4, MUMBA I, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, THE ASSESSEE HAS FILED A L ETTER DT 21-05-2021 MENTIONING THAT IT INTEND TO SETTLE T HE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 ITA NO. 7285/MUM/2018 PURPLE PEBBLE ENTERTAINMENT COMPANY PVT LTD., MUMB AI - 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 DT 21 .05.2021 MENTIONING THAT IT HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TA X 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4.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 31.05.2021 SD/- SD/- (M BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 31.05.2021 KRK, PS ITA NO. 7285/MUM/2018 PURPLE PEBBLE ENTERTAINMENT COMPANY PVT LTD., 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 ITA NO. 7285/MUM/2018 PURPLE PEBBLE ENTERTAINMENT COMPANY PVT LTD., MUMB AI - 4 - DATE INITIAL 1. DRAFT DICTATED ON 31.05.21 PS 2. DRAFT PLACED BEFORE AUTHOR 31.05.21 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER PS 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. PS 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 2. OTHER MEMBER ON WHI