LARSEN & TUBRO INFOTECH LTD, MUMBAI V. DCIT CIR 2(2), MUMBAI

ITA 897/MUM/2010

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8722 (ITAT-MUMBAI)
• Duration Of Justice: 11 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2004-2005
• Appeal Filed On: 04-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAILAJA RAJ
• Assessee Lawyers: ASAVAN KADAM
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 897/MUM/2010 (A.Y: 2004-05) LARSEN & TU B R O INFOTECH LTD., TAXATION DEPT, L&T HOUSE, 3 RD FLOOR, NM MARG, BALLARD ESTATE, MUMBAI 400001 VS. DCIT, CIR - 2(2) R.NO. 577, 5 TH FLOOR, AAYAKAR BHAVAN, MK MARG. MUMBAI. ./ ./ PAN/GIR NO. : AAACL1681P APPELLANT .. RESPONDENT APPELLANT BY : SHRI ASAVAN KADAM , AR RESPONDENT BY : SMT SAILAJA RAJ , SR. DR DATE OF HEARING 24 .0 3 .2021 DATE OF PRONOUNCEMENT 25 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE.JM: THE APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 05 MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TA X ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR HAS FILED A LETTE R DATED 18-02-2021 EXPLAINING THAT THE ASSESSEE IS INTEND T O SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE V ISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN ITA NO. 897/MUM/2010 LARSEN & TUBRO INFOTECH LTD.,MUMBAI - 2 - FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE L D. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS F ILED A LETTER DT 18-02-2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FRO M THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADA LE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 25.03.2021 KRK, PS ITA NO. 897/MUM/2010 LARSEN & TUBRO INFOTECH LTD.,MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI