DROP CLOTHING CO, MUMBAI V. ACIT 31(1), MUMBAI

ITA 7410/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1865 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 16-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESH
• Assessee Lawyers: AJAY GOSALIA
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 7410/MUM/2016 ( ASSESSMENT YEARS: 2012-13 ) DROP CLOTHING CO 38/39/40, SURVEY INDUSTRIAL ESTATE, SONAWALA CAROSS ROAD NO.1, GOREGAON (EAST, MUMBAI 400 063) / VS. ACIT 31(1) C-11, 7 TH FLOOR, PRATYAKSHKAR BHAVAN, BKC BANDRA (E), MUMBAI ./ ./ PAN/GIR NO. : AADFD7257R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI AJAY GOSALIA, AR / RESPONDENT BY : SHRI SUNIL DESHPANDE, DR / DATE OF HEARING 02/12/2020 !'# / DATE OF PRONOUNCEMENT 02/12/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -42, MUMBAI, PASSED U/S. 143(3) OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE ITA NO . 7410 /MUM/2016 DROP CLOTHING CO, MUMBAI. - 2 - TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAD SE VISHWAS SCHEME 2020 AND THE ASSESSEE WOULD BE MOVING AN APPLICATION FOR THE SCHEME AS ENVISAGED BY THE LD. AR. WE ARE OF THE VIEW THAT, T HE NO PURPOSE WILL 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.12.2020 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEM BER MUMBAI, DATED 02/12/2020 KRK, PS