I PAY CLEARING SERVICES P.LTD, MUMBAI V. ASST CIT 10(1), MUMBAI

ITA 7608/MUM/2012

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 7606 (ITAT-MUMBAI)
• Duration Of Justice: 7 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2007-2008
• Appeal Filed On: 24-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH K, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA NO.7608/M/2012 ASSESSMENT YEAR: 2007-08 M/S. I. PAY CLEARING SERVICES PVT. LTD., 701, 7 TH FLOOR, B-WING, HCC 247 PARK, VIKHROLI (W), MUMBAI 400 083 PAN: AABCI 0280L VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, 10(1), MUMBAI (APPELLANT) (RESPONDENT) ITA NO.950/M/2013 ASSESSMENT YEAR: 2009-10 M/S. I. PAY CLEARING SERVICES PVT. LTD., 701, 7 TH FLOOR, B-WING, HCC 247 PARK, VIKHROLI (W), MUMBAI 400 083 PAN: AABCI 0280L VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, 10(1), MUMBAI (APPELLANT) (RESPONDENT) ITA NO.851/M/2013 ASSESSMENT YEAR: 2009-10 DCIT-10(1), 455, AAYAKAR BHAVAN, 4 TH FLOOR, M.K. MARG, MUMBAI 400 020 VS. M/S. I. PAY CLEARING SERVICES PVT. LTD., 403-404, MADHAVA PLOT NO.C-4, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI 400 051 PAN: AABCI 0280L (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI NIKHIL TIWARI, A.R. REVENUE BY : SHRI SUSHIL KUMAR MISHRA, D.R. DATE OF HEARING : 15.12.2020 DATE OF PRONOUNCEMENT : 23.12.2020 ITA NO.7608/M/2012 & ORS. M/S. I. PAY CLEARING SERVICES PVT. LTD. 2 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE ABOVE TITLED CROSS APPEALS HAVE BEEN PREFERRED AGAINST THE ORDER DATED 04.10.2012 & 23.11.2012 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2007-08 & 2009-10. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS GOING IN FOR VIVAD SE VISHVAS SCHEME UNDER THE DIRECT TAX ACT, 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE IS GOING FOR VIVAD SE VISHVAS SCHEME, 2020 THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.12.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 23.12.2020. * KISHORE, SR. P.S. ITA NO.7608/M/2012 & ORS. M/S. I. PAY CLEARING SERVICES PVT. LTD. 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.