M/S SUPERMAX INTERNATIONAL PVT. LTD, Mumbai V. ACIT CENTRAL CIRCLE-38, Mumbai

ITA 970/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1470 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 20-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 143(3)

Judgement Text

ITA NO. 970/MUM/2019 A.Y. 2011 - 12 M/S SUPERMAX INTERNATIONAL PVT. LTD. VS. ACIT, CC - 38 (NOW DCIT, CC - 6(3) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 970 /MUM/2019 (ASSESSMENT YEAR: 2011 - 12 ) M/S SUPERMAX INTERNATIONAL PVT. LTD., 4 TH FLOOR, MALHOTRA HOUSE, OPP. GPO, FORT, MUMBAI - 400001 VS. ACIT, CENTRAL CIRCLE - 38 (NOW DCIT, CENTRAL CIRCLE - 6(3) , 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400 021 PAN NO. AAACS8024R (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI PRATEEK JHA, A.R REVENUE BY : SHRI T.S. KHALSA, D.R DATE OF HEARING : 11 /02/2021 DATE OF PRONOUNCEMENT : 11 /02/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPE AL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 54, MUMBAI , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 28.03.2014 FOR AS SESSMENT YEAR 2011 - 12 . 2. THE LD. AUTHORISED REPRESENTAT IVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT THE ASSESSEE APPELLANT HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. IN SUPPORT OF HIS AFORESAID CLAIM IT WAS SUBMITTED BY THE LD. A.R THAT THE ASSESSEE HAD SUBMITTED FORM NO. 1 AND 2 UNDER THE VIVAD SE VISHWAS SCHEME, 2020 ON 02.02.2021 . IT WAS , THUS , SUBMITTED B Y THE LD. A.R. THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMIS S THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 970/MUM/2019 A.Y. 2011 - 12 M/S SUPERMAX INTERNATIONAL PVT. LTD. VS. ACIT, CC - 38 (NOW DCIT, CC - 6(3) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 11 /02/2021. SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 11 .02.2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI