IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH K, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.985/M/2014 ASSESSMENT YEAR: 2009-10 M/S. CYBERTECH SYSTEMS AND SOFTWARE LTD., PLOT NO.B-63/64/65, CYBER TECH HOUSE, J.B. SAWANT MARG, RD. NO.21/34, MIDC WAGLE ESTATE, THANE - 400604 PAN: AAACC1905B VS. DY. COMMISSIONER OF INCOME TAX - 8(1), MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI VISPI PATEL, A.R. REVENUE BY : SHRI ANAND MOHAN, D.R. DATE OF HEARING : 10.12.2020 DATE OF PRONOUNCEMENT : 28.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 21.10.2013 OF THE DISPUTE RESOLUTION PANEL RELEVANT TO ASSESSMENT YEAR 2009-10. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS GOING IN FOR VIVAD SE VISHVAS SCHEME UNDER THE DIRECT TAX ACT, 2020, THEREFORE, THE CASE MAY KINDLY BE ADJOURNED. 3. SINCE THE ASSESSEE IS GOING FOR VIVAD SE VISHVAS SCHEME, 2020 THE ADJOURNMENT APPLICATION BY THE ASSESSEE IS REJECTED. ITA NO.985/M/2014 M/S. CYBERTECH SYSTEMS AND SOFTWARE LTD. 2 BESIDES, WE ARE INCLINED TO DISMISS THE APPEAL OF THE ASSESSEE IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT NANNU SAMY MOHAN (HUF) VS. ACIT TCA NO.372 OF 2020 WITH THE LIBERTY TO ASSESSEE TO GET THIS APPEAL RECALLED IN CASE ASSESSEE DOES NOT SUCCEED IN VSVS 2020. ACCORDINGLY, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.12.2020. SD/- SD/- ( RAM LAL NEGI) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 28.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.