SYNTEXTURES , MUMBAI V. ITO 29 (3)(3), MUMBAI

ITA 7802/MUM/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 3077 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 17-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITTAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.7802/Mum/2019 (Asse ssment Year :2014-15) M/s. Syntextures Mahajan Mill Compound LBS Marg, Vikhroli West Mumbai – 400 079 Vs. ITO 29(3)(3) C-10, 3 rd Floor Pratyakshakar Bhavan BKC, Bandra East Mumbai- 400 051 PAN/GIR No.AAAFM4905A (Appellant) .. (Respondent) Assessee by None Revenue by Shri Rajat Mittal Date of Hearing 04/05/2022 Date of Pronouncement 04/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.7802/Mum/2019 for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-40, Mumbai in appeal No.CIT(A)-40, Mumbai/10994/2016-17 dated 25/11/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2016 by the ld. Income Tax Officer-29(3)(3), Mumbai (hereinafter referred to as ld. AO). ITA No.7802/Mum/2019 M/s. Syntextures 2 2. We find that the assessee filed a letter dated 17/01/2022 mentioning that an application had been preferred under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter. 3. In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever. 4. In the result, appeal of the assessee is dismissed. Order pronounced on 04/05/2022 by way of proper mentioning in the notice board. Sd/- (KULDIP SINGH) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/05/2022 KARUNA, sr.ps ITA No.7802/Mum/2019 M/s. Syntextures 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//