M/S S C SALES AGENCIES, MUMBAI V. ITO 17 (3)(2), MUMBAI

ITA 7498/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9844 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 06-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: WITHDRAWAL LETTER FILED ON
• Section: 271(1)(c); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.7498/MUM/2019 (A.Y: 2010-11) M/S. SC SALES AGENCIES 41 EVEREST BLDG, 6 TH FLOOR, 12 PADAM HILL ROAD, PEDDAR ROAD, MUMBAI 400026. VS. ITO 17(3)(2) AAYAKAR BHAVAN, MK ROAD, MUMBAI. ./ ./ PAN/GIR NO. : AARFS9700L APPELLANT .. RESPONDENT APPELLANT BY : WITHDRAWAL LETTER FILED ON 08.04.2021 RESPONDENT BY : SH RI VIJAY KUMAR MENON, DR DATE OF HEARING 17 .0 6 .2021 DATE OF PRONOUNCEMENT 21 .0 6 .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)-28, MUM BAI, PASSED U/S. 271(1)(C) AND 250 OF THE INCOME TAX ACT , 1961. 2. AT THE TIME HEARING, A LETTER DT 08.04.2021 WAS FILED MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 ITA NO. 7498/MUM/2019 M/S. SC SALES AGENCIES, MUMBAI - 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 A LETTER WAS FILED MENTIONING THAT TH E ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 20 20 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE AP PEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GI VEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER AS PER PROVISIONS OF LAW. 4.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 21.06.2021 SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 21.06.2021 KRK, PS ITA NO. 7498/MUM/2019 M/S. SC SALES AGENCIES, 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