DCIT CEN CIR 8(1), MUMBAI V. LILY COMMODITIES P.LTD, WEST BANGAL

ITA 7674/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0110 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 30-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A MOHAN LD
• Assessee Lawyers: JAS SANGHVILD

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE HONBLE SHRI PAVAN KUMAR GADALE, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) 1. ./ I.T.A. NO.7674/MUM/2016 ( / ASSESSMENT YEAR: 2009-10) & 2. ./ I.T.A. NO.7675/MUM/2016 ( / ASSESSMENT YEAR: 2008-09) D CIT - CENTRAL CIRCLE - 8(1) ROOM NO.656, 6 TH FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S. LILY COM MODITIES PVT. LTD. 334/157, SN-8, SWASTI, JESSORE ROAD LAKE TOWN, KOLKATA WEST BENGAL-700 089. PAN/GIR NO. AABCL - 3183 - F ( /APPELLANT ) : ( / RESPONDENT ) & 3. ./ I.T.A. NO.7676/MUM/2016 ( / ASSESSMENT YEAR: 2008-09) & 4. ./ I.T.A. NO.7677/MUM/2016 ( / ASSESSMENT YEAR: 2009-10) DCIT - CENTRAL CIRCLE - 8(1) ROOM NO.656, 6 TH FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. / VS. M/S DHANTERASH TIE - UP PVT. LTD. (NOW M/S. LILY COMMODITIES PVT. LTD.) 31, CHOWRINGHEE ROAD, PARK STREET KOLKATA 700 165 PAN/GIR NO. AACCD - 6155 - E / AABCL - 3183 - F ( /APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI JAS SANGHVI-LD. AR REVENUE BY : SHRI A. MOHAN-LD. CIT-DR / DATE OF HEARING : 31/12/2020 / DATE OF PRONOUNCEMENT : 31/12/2020 2 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEALS BY DEPARTMENT CONTEST SEPARATE ORDERS OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUND S OF APPEAL. 2. THE LD. AR FOR ASSESSEE, VIDE LETTER DATED 31/12 /2020, SUBMITTED THAT THE ASSESSEE HAS ALREADY FILED REQUISITE DECLA RATIONS UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME) AND FORM NO.3 HAS ALREADY BEEN ISSUED BY THE DEPARTMENT AND THEREFORE , THE APPEALS MAY BE DISMISSED. THE LD. CIT-DR DID NOT OBJECT TO THE SAME BUT SOUGHT LIBERTY OF RESTORATION OF APPEALS, IN CASE DECLARAT IONS WERE NOT ACCEPTED, FOR WHATEVER REASONS. 3. ACCORDINGLY, THE APPEALS STAND DISMISSED AS WITH DRAWN WITH A LIBERTY TO REVENUE TO SEEK RESTORATION OF THE APPEA LS IN CASE THE AFORESAID DECLARATIONS FILED UNDER THE SCHEME IS NOT ACCEPTED , FOR WHATEVER REASONS. 4. ALL THE APPEAL STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 31 ST DECEMBER, 2020. SD/- SD/- (PAVAN KUMAR GADALE) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 31/12/2020 SR.PS:-JAISY VARGHESE 3 '# $# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ! ( ) / THE CIT(A) 4. ! / CIT CONCERNED 5. ' #$ , $ , / DR, ITAT, MUMBAI 6. # %&' / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.