LARSEN AND TOUBRO LTD, MUMBAI V. ASST CIT RG 26(2), MUMBAI

ITA 959/MUM/2016

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9815 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 26-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ABILASHA DESAI
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.959/MUM/2016 (A.Y: 2011-12) M/S. LARSEN AND TOURBO LTD., SCOMI ENGINEERING, CONSORTIUM NEAR WADALA DEPOT BLDG, MONORAIL STN, PRATIKSHA NAGAR, WADALA 400037. VS. ACIT, RANGE 26(2) RNO. 611, 6 TH FLOOR, C- 10, PATYAKSHAKR BHAVAN, BKC BANDRA (E) 400051. ./ ./ PAN/GIR NO. : AAAAL3046N APPELLANT .. RESPONDENT APPELLANT BY : MS ABILASHA DESAI, AR RESPONDENT BY : SH RI SUSHILKUMAR MISHRA , DR DATE OF HEARING 01 .0 7 .2021 DATE OF PRONOUNCEMENT 01 .0 7 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE ASSESSING OFFICER PASSED U/S 143(3) R.W.S 1 44C OF THE INCOME TAX ACT, 1961 IN PURSUANCE TO THE DIRECT IONS OF DISPUTE RESOLUTION PANEL. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE TH E TAX ITA NO. 959/MUM/2016 M/S. L&T PVT LTD, MUMBAI - 2 - LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PEN DING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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 01.07.2021. SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 01.07.2021 KRK, PS ITA NO. 959/MUM/2016 M/S. L&T PVT 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