ASSOCIATED ALUMINIUM INDUSTRIES P LTD., MUMBAI V. DCIT 6 (1)(2), MUMBAI

ITA 7868/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8806 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 20-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 7868/MUM/2019 ASSESSMENT YEAR: 2010-11 ASSOCIATED ALUMINIUM INDUSTRIES P. LTD., B-1, TULSI VIHAR, DR. A.B. ROAD, WORLI NAKA, WORLI, MUMBAI-400018. VS. DY. CIT CIRCLE 6(1)(2), ROOM NO. 563, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. AAACA 4473 C APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. BRAJENDRA KUMAR, DR DATE OF HEARING : 07/01/2021 DATE OF PRONOUNCEMENT : 11/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2010-11. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-12, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) THE INCOME TAX ACT 1961, (THE ACT). 2. THE APPELLANT HAS FILED A LETTER DATED 24.12.202 0 BEFORE THE TRIBUNAL STATING THAT THEY HAVE RECEIVED FORM NO. 3 UNDER D IRECT TAX VIVAD SE VISHWAS ACT, 2020 (IN SHORT VSV ACT). THUS IT IS SUBMITTED THAT THE APPEAL FILED BEFORE THE TRIBUNAL BE TREATED AS WITHDRAWN. ITA NO. 7868/M/2019 ASSOCIATED ALUMINIUM 2 THE LD. DEPARTMENTAL REPRESENTATIVE (DR) HAS NO OB JECTION TO THE ABOVE. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 24.12.2020 FILED BY TH E APPELLANT AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK THE REST ORATION OF THIS APPEAL IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH E VENTUALITY, IF THE ASSESSEE SEEKS RESTORATION OF THIS APPEAL BY FILING MISCELLA NEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UP ON FILING ANY APPLICATION FOR CONDONATION OF DELAY. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ITA NO. 7868/M/2019 ASSOCIATED ALUMINIUM 3 ORDER PRONOUNCED IN THE OPEN COURT ON 11/01/2021. SD/- SD/- (C.N. PRASAD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 11/01/2021 RAHUL SHARMA, SR. P.S. 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI