M/S GLOBUS STORES PVT LTD, MUMBAI V. ASST CIT 9(1), MUMBAI

ITA 945/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8984 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 06-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA L D
• Assessee Lawyers: LETTERS DATED
• Section: 9(1); 9(1); 9(1)

Judgement Text

M/S. GLOBUS STORES PRIVATE LIMITED ASSESSMENT YEARS: 2006-07 & 2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) 1. ./ I.T.A. NO.945/MUM/2020 ( / ASSESSMENT YEAR: 2006-07) & 2. ./ I.T.A. NO.219/MUM/2020 ( / ASSESSMENT YEAR: 2009-10) M/S. GLOB US STORES PRIVATE L IMIT ED 3RD FLOOR, RAHEJAS CORNER OF MAIN AVENUE & V.P. ROAD SANTACRUZ (W), MUMBAI-400 054. / VS. A CIT - 9(1) ROOM NO.260A, 2 ND FLOOR AAYKAR BHAWAN MUMBAI-400 012. !' ./ ./PAN/GIR NO. AABCG-3579-Q ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) & ./ I.T.A. NO.1443/MUM/2020 ( / ASSESSMENT YEAR: 2006-07) DCIT - 12(2)(2) ROOM NO.128F, 1 ST FLOOR AAYKAR BHAWAN, CHURCHGATE MUMBAI-400 020. / VS. M/S. GLOB US STORES PRIVATE L IMITED 3RD FLOOR, RAHEJAS CORNER OF MAIN AVENUE & V.P. ROAD SANTACRUZ (W), MUMBAI-400 054. !' ./ ./PAN/GIR NO. AABCG-3579-Q ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : LETTERS DATED 30/12/2020 REVENUE BY : SHRI T.S. KHALSA- LD. DR / DATE OF HEARING : 07/01/2021 / DATE OF PRONOUNCEMENT : 07/01/2021 M/S. GLOBUS STORES PRIVATE LIMITED ASSESSMENT YEARS: 2006-07 & 2009-10 2 / O R D E R PER BENCH 1. DURING HEARING OF CAPTIONED APPEALS, THE REGISTR Y PLACED ON RECORD ASSESSEES LETTERS ALL DATED 30/12/2020 WHER EIN IT HAS BEEN SUBMITTED THAT THE ASSESSEE HAS ALREADY OPTED FOR D IRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME) 2020 FOR BOTH THE YEARS AND ALREADY RECEIVED NECESSARY CERTIFICATE IN FORM NO.3 DETERMINING THAT NO TAX IS PAYABLE BY THE ASSESSEE. ACCORDINGLY , PERMISSION HAS BEEN SOUGHT FROM THE BENCH FOR WITHDRAWAL OF AL L THESE APPEALS. THE LD. DR DID NOT OBJECT TO THE SAME. 2. KEEPING IN VIEW THE CONTENTS OF WITHDRAWAL LETTE RS, SINCE THE ASSESSEE HAS ALREADY SETTLED THE DISPUTE UNDER DIRE CT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 FOR BOTH THE YEARS, WE ARE INCLINED TO DISMISS ALL THE APPEALS FOR THE TIM E BEING WITH A LIBERTY TO THE ASSESSEE AS WELL AS TO THE REVENUE T O SEEK RESTORATION OF APPEAL IN CASE DECLARATION FILED UNDER THE SCHEM E IS NOT ACCEPTED, FOR WHATEVER REASONS. 3. ALL THE APPEALS STAND DISMISSED IN TERMS OF OUR ABOVE ORDER. ORDER PRONOUNCED ON 07 TH JANUARY, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 07/01/2021 SR.PS, JAISYVARGHESE M/S. GLOBUS STORES PRIVATE LIMITED ASSESSMENT YEARS: 2006-07 & 2009-10 3 / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.