M/S CUSHION SOFT MERCANTILE PVT LTD., MUMBAI V. DCIT CC 5 (4), MUMBAI

ITA 7422/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3666 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 27 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: 03-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA P
• Section: 271(1)(c); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI M BALA GANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 7422/MUM/2019 (A.Y: 2014-15) M/S. CUSHION SOFT MERCANTILE PVT LTD., 607, 6 TH FLOOR C WING ONE, BKC PLOT NO. 6-66, G BLOCK, BANDRA (E), MUMBAI 400051. VS. DCIT CC 5(4) AIR INDIA BLDG, NARIMAN POINT, MUMBAI 400021. ./ ./ PAN/GIR NO. : AAFCC1941G APPELLANT .. RESPONDENT APPELLANT BY : LETTER DT 22.05. 2021 RESPONDENT BY : MS. SHREEKALA .P. DR DATE OF HEARING 24 .0 5 .2021 DATE OF PRONOUNCEMENT 25 .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) - 53, MUMB AI, PASSED U/S. 271(1)(C) AND 250 OF THE INCOME TAX ACT , 1961. 2. AT THE TIME HEARING, THE ASSESSEE HAS FILED A L ETTER MENTIONING THAT IT INTEND TO SETTLE THE TAX LITIGAT ION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS2020 ) ITA NO. 7422/MUM/2019 CUSHION SOFT MERCANTILE PVT LTD., MUMBAI - 2 - AND FILED AN APPLICATION IN FORM NO. 1 & 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 AND OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FO RM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PEN DING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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 25.05.2021 SD/- SD/- (M BALA GANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 25.05.2021 KRK, PS ITA NO. 7422/MUM/2019 CUSHION SOFT MERCANTILE PVT LTD., 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, MUMBAI