KREUZ SUBSEA PTE LTD, MUMBAI V. ASST CIT (IT) 3 (1)92), MUMBAI

ITA 7751/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8489 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2016-2017
• Appeal Filed On: 17-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR SUBRAMANIYAM
• Assessee Lawyers: GAURAV SHAH
• Section: 143(3); 144C

Judgement Text

ITA NO.7751/MUM/2019 A.Y.2016 - 17 KREUZ SUBSEA PTE LTD. VS. THE ACIT, IT - 3(1)(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 7751/MUM/2019 (ASSESSMENT YEAR: 2016 - 17 ) KREUZ SUBSEA PTE LTD. C/O SRBC & ASSOCIATES LLP CAS 16 TH FLOOR, THE RUBY, 29, SENAPATI BAPAT MARG, DADAR (WEST), MUMBAI 400028 VS. THE ASSISTANT COMMISSIONER OF INCOME - TAX, INTERNATIONAL TAXATION - 3 (1)(2) 16 TH FLOOR, AIR INDIA BUILDING NARIMAN POINT, MUMBAI 400 021 PAN NO. AADCK6822G (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI GAURAV SHAH, A.R REVENUE BY : SHRI VIJAY KUMAR SUBRAMANIYAM , SR. D.R DATE OF HEARING : 22/03 /2021 DAT E OF PRONOUNCEMENT : 25 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) R.W.S 144C OF THE INCOME - TAX ACT, 1961 (FOR SHORT ACT ), DATED 24.10.2019 FOR ASSESSMENT YEAR 2016 - 17 . 2. THE ASSESSEE VIDE A LETTER FILED ON 9 TH MARCH , 2021 HAD THEREIN STATED THAT IT HAD FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFOR ESAID MATTER PENDING BEFORE THE TRIBUNAL. IT IS FURTHER STATED BY THE ASSESSEE THAT IT IS IN RECEIPT OF A CERTIFICATE IN FORM NO. 3 FROM THE DESIGNATED AUTHORITY UNDER SUB - SECTION (1) OF SEC.5 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 . ACCORDINGLY, THE ASSESSEE HAD REQUESTED THAT IT MAY BE PERMITTED TO WITHDRAW THE CAPTIONED APPEAL. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.7751/MUM/2019 A.Y.2016 - 17 KREUZ SUBSEA PTE LTD. VS. THE ACIT, IT - 3(1)(2) 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OU NCED IN THE OPEN COURT ON 25 /03/2021. SD/ - SD/ - ( PRAMOD KUMAR ) (RAVISH SOOD) VICE PRESIDENT JUDICIAL MEMBER MUMBAI ; DATED: 25 .03.2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI