ACIT, CIRCLE 3(1)(2), Mumbai V. M/S EUROFINANCE TRAININF & PUBLISHING PVT. LTD., Mumbai

ITA 835/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8368 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 14-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 835 /MUM./2019 ( ASSESSMENT YEAR : 20 13 14 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 3(1)(2), MUMBAI . APPELLANT V/S M/S. EUROFINANCE TRAINING & PUBLISHING PVT. LTD., 506, DALAMAL TOWER 211, NARIMAN POINT, MUMBAI 400 021 PAN AAACE3332Q . RESPONDENT REVENUE BY : SHRI VIJAY KUMAR MENON ASSESSEE BY : SHRI RAHUL HAKANI DATE OF HEARING 10 .0 3 .202 1 DATE OF ORDER 17.03.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE CAPTIONED APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 1 4 TH DECEMBER 20 1 8 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 8 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 1 3 1 4 . 2. DURING THE COURSE OF HEARING, WE FIND THAT THE ASSESSEE HAS FILED A LETTER DATED 9 TH OCTOBER 2020, ACCOMPANIED WITH COPY OF ACKNOWLEDGEMENT IN FORM 1 AND 2 OF THE DECLARATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME, 2020, IN VIEW OF THE FACT THAT THE ASSESSEE 2 SHREYA SALES HAS APPLIED FOR SETTLEMENT OF TAX DISPUTE UNDER THE SCHEME AND SOUGHT ADJOURNMENT OF HEARING . THE LEARNED DEPAR TMENTAL REPRESENTATIVE ON THE OTHER HAND DID NOT RAISE ANY OBJECTION TO IT. 3. CONSIDERED THE SUBMISSIONS OF THE LEANED COUNSEL FOR THE ASSESSEE FOR THE PARTIES AND PERUSED THE MATERIAL ON RECORD. A S THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VI VAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY OF KEEPING THIS MATTER ALIVE SINCE THE ASSESSEE HAS ALREADY APPLIED FOR SETTLEMENT OF DISPUTE UNDER THE SCHEME. CONSEQUENTLY, THE APPEAL FILED BY THE REVENUE IS LIABLE TO THE DIS MISSED AS SUCH. HOWEVER, LIBERTY IS GRANTED TO THE REVENUE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPAR TMENT. IT IS FURTHER MADE CLEAR THAT IN SUCH EVENTUALITY IF THE R EVENUE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED. 4. IN THE RESU LT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17.03.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 17.03.2021 3 SHREYA SALES COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI