M/S ROOCHITRA TEXTILES PVT LTD, MUMBAI V. DCIT -11(1)-1, MUMBAI

ITA 744/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9676 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 11-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

ITA NO. 744/MUM/2019 ASSESSMENT Y EAR: 2011 - 12 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 744/MUM/2019 ASSESSMENT Y EAR: 2011 - 12 M/S. ROOCHITRA TEXTILES PVT. LTD. .APPELLANT 15, DEEPAK VILAS, JVPD SCHEME, N. S. ROAD NO.4, MUMBAI - 400 056 [PAN: AADCR 3749 M ] VS DY. CIT - 11(1) - 1 AAYAKAR BHAWAN, MUMBAI - 400 020 ..........RESPONDENT APPEARANCES BY NONE FOR T HE AP P ELLANT BHARAT ANDHALE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 22 ND , 2020 DATE OF PRONOUNCEMENT : DECEMBER 22 ND , 2020 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 27.12.2018 PASSED BY THE LEARNED CIT(A) - 18 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2011 - 12. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, IT IS NOTICED THAT TH E ASSESSEE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (A CT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. 3. THE LD. DR ALSO DID ACCEPT OUR SUGGESTION THAT THIS APPEAL CAN BE DISMISSED, WITH THE LIBERTY TO THE ASSESSEE TO APPROACH THE TRIBUNAL, IF FOR SOME UNFORESEEN REASON, THERE ARE ISSUES WITH RESPECT TO SETTLEMENT OF THE MATTER UNDER VIVAD SE VISHWAS SCHEME, 2020. ITA NO. 744/MUM/2019 ASSESSMENT Y EAR: 2011 - 12 PAGE 2 OF 3 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN , SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAW N SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 22 ND DECEMBER, 2020 . SD/ - SD/ - JUSTICE P. P. BHATT PRAMOD KUMAR ( PRESIDENT ) (VICE PRESIDENT) MUMBAI, DATED THE 22 ND DAY OF DECEMBER, 2020 ROSHANI, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI ITA NO. 744/MUM/2019 ASSESSMENT Y EAR: 2011 - 12 PAGE 3 OF 3 SR. NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT PREPARED BY MYSELF ON 22.12.20 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 22.12.20 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 ORDER PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DISPATCH OF ORDER