NELCO LTD., MUMBAI V. A.C.I.T. RG. 15(2)(1), MUMBAI

MA 119/MUM/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0652 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 24-05-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S R IYENGAR LD
• Assessee Lawyers: SIDDHI MARULD
• Section: 48

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) M.A. NO.119/MUM/2021 (ARISINGOUTOFITANO. 3825/MUM/2019) ( / ASSESSMENT YEAR : 2011-12) NELCO LIMITED EL-6, ELECTRONIC ZONE, MAHAPE, NAVI MUMBAI-400 710. / VS. ACIT - 15(2)(1) ROOM NO.357, 2 ND FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. 345 ./ ./PAN/GIR NO. AAACT-1983-C ( 48 /APPELLANT ) : ( 9:48 / RESPONDENT ) ASSESSEE BY : MS. SIDDHI MARU-LD. AR REVENUE BY : SHRI S.R. IYENGAR- LD. SR. DR / DATE OF HEARING : 16/07/2021 / DATE OF PRONOUNCEMENT : 16/07/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE AS SESSEE SEEKS RECALL OF TRIBUNAL ORDER DATED 20/01/2021. THE LEARNED AR SUBMITTED THAT ASSESSEES APPEAL WAS DISMISSED SINCE ASSESSEE WAS CONTEMPLATING OPTING FOR SETTLEMENT OF DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 . HOWEVER, THE ASSESSEE HAS NOT OPTED FOR 2 THAT SCHEME. THEREFORE, THE ORDER MAY BE RECALLED A S PER LIBERTY GIVEN BY BENCH IN PARA-3 OF THE ORDER. 2. CONCURRING WITH THESE SUBMISSIONS, WE RECALL OUR CAPTIONED ORDER AND RESTORE THE APPEAL BACK TO ITS ORIGINAL STATUS. THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN REGULAR HEARING BEFORE REGULAR BENCH. 3. THE MISCELLANEOUS APPLICATION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JULY, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 16/07/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. 48 / THE APPELLANT 2. 9:48 / THE RESPONDENT 3. 6565A ( ) / THE CIT(A) 4. 6565A / CIT CONCERNED 5. BC59