M/S MAHABAL TRADING PVT LTD., MUMBAI V. ITO 10(2)(3), MUMBAI

ITA 853/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1531 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 03-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: VARSHA BHATTER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , SMC BENCH MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 853 / MUM/ 2020 ( ASSESSMENT YEAR : 2010 - 11 ) M/S. MAH ABAL TRADING PVT. LTD., 2, RINNKOO APARTMENT VALLABHBHAI ROAD, VILE PARLE (W) MUMBAI 400 056 VS. INCOME TAX OFFICER 10(2)(2) ROOM NO.212, 2 ND FLOOR AAYAKAR BHAVAN MUMBAI 400 020 PAN/GIR NO. AAFCM1278C (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY MS. VARSHA BHATTER REVENUE BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER VIKAS AWASTHY (JM): THIS APPEAL IN ITA NO.853/MUM/2020 FOR A.Y. 2010 - 11 ARISES OUT OF THE ORDER BY THE LD. C OMMISSIONER OF INCOME TAX (APPEALS) - 17, MUMBAI IN APPEAL NO. CIT(A) - 17/10216/IT - 646/17 - 18 DATED 19/12/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 07/12/2017 BY THE LD. INCOME TAX OFFICER - 10(2)(3), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 853/MUM/2020 M/S. MAHABAL TRADING PVT. LTD., 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 09/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION 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 IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD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 ASSESS EE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 0 2 /202 1. SD/ - ( M.BALAGANESH ) SD/ - ( VIKAS AWASTHY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 12 / 0 2 / 2021 KARUNA , SR.PS ITA NO . 853/MUM/2020 M/S. MAHABAL TRADING PVT. LTD., 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//