M/S PLUS TECH ENGINEERING PVT LTD., MUMBAI V. ACIT 15 (3), MUMBAI

ITA 7399/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3762 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 03-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIKHIL NATEKAR; SREEKUMAR NAIR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, A CCOUNTANT M EMBER & SHRI PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA NO. 7399 /MUM/ 20 19 ( ASSESSMENT YEAR : 20 08 - 09 ) M/S. PLUS TECH ENGINEERING PVT. LTD., 2 14, J.K. CHAMBERS PLOT NO.76, SECTOR - 17, VASHI, NAVI MUMBAI - 400703 VS. ACIT - 15(3) MUMBAI AAYAKAR BHAWAN M.K.ROAD, CHURCHGATE MUMBAI 400 020 PAN/GIR NO. AAACP4631M (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI SREEKUMAR NAIR & SHRI NIKHIL NATEKAR RE VENUE BY MS. SHREEKALA PARDESHI DATE OF HEARING 24 / 05 /202 1 DATE OF PRONOUNCEMENT 24 / 05 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 7399/MUM/2019 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSION ER OF INCOME TAX (APPEALS) - 24, MUMBAI IN APPEAL NO. CIT(A) - 24/ACIT - 10(3)/IT - 123/2010 - 11 DATED 30/08/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 16/12/2010 BY THE LD. ASST. COMMISSIONER OF INCOME TAX - 10(3), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 7399/MUM/2019 M/S. PLUS TECH ENGINEERING PVT LTD., 2 2. WE FIND THAT THE ASSESSEE FILED A REPRESENTATION MENTIONING THAT AN APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE TH IS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN W ITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN OPEN COURT ON 24 / 05 /202 1 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 24 / 05 / 2021 KARUNA , SR.PS ITA NO . 7399/MUM/2019 M/S. PLUS TECH ENGINEERING PVT LTD., 3 C OPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//