GEOMETRIC LTD, MUMBAI V. ASST CIT RG 10(2), MUMBAI

ITA 758/MUM/2013

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9828 (ITAT-MUMBAI)
• Duration Of Justice: 8 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 24-03-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 29-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NAYAN THAKKAR
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER SRL NO ITA NO. A.Y APPELLANT RESPONDENT 1 758/MUM/2013 2008-09 M/S GEOMETRIC LTD., KALYANIWALLA & MISTRY, 3 RD FLOOR, ARMY & NAVY BLDG, 148 MG ROAD, FORT, MUMBAI 400001 PAN AABCG0066A ACIT, RANGE- 10(2) ROOM NO. 432, AAYAKAR BHAVAN, MK ROAD, MUMBAI 2 2265/MUM/2014 2009-10 ITO, RANGE 10(2)(3), MUMBAI 3 1909/MUM/2015 2010-11 ACIT, RANGE 14(1)(2), MUMBAI. APPELLANT BY : SHRI NAYAN THAKKAR , AR RESPONDENT BY : SH RI ANAND MOHAN , SR DR DATE OF HEARING 29 .0 6 .2021 DATE OF PRONOUNCEMENT 30 .0 6 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THESE THREE APPEALS ARE FILED BY ASSESSEE AGAI NST THE SEPARATE ORDERS PASSED U/S. 143(3) R.W.S 144C(13) OF THE ACT IN PURSUANCE OF THE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL. 2. AT THE TIME HEARING, THE AR OF THE ASSESSEE HAS FILED A LETTER MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME M/S. GEOMETRIC LTD.,, MUMBAI - 2 - 2020 (VSVS2020) AND FILED AN APPLICATION IN FORM N O. 1 & 2 UNDER VSVS RULES 2020 . CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE LD.AR HAS FILED THE LETTER MENTIONING THAT THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THESE APPEALS PEN DING. ACCORDINGLY, WE DISMISS THESE APPEALS OF THE ASSESS EE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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 THREE APPEALS FILED BY THE AS SESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.06.2021. SD/- SD /- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 30.06.2021 KRK, PS M/S. GEOMETRIC 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. () * + / GUARD FILE. / BY ORDER, ! //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI