INTERNATIONAL FINANCIAL SERVICES LTD MUMBAI, MUMBAI V. DCIT CC 2(2) , MUMBAI

MA 35/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3594 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 20-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

MA No 35/Mum/2022 In ITA No 1109/Mum/2020 Assessment year: 2012-13 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI 'C' BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Sandeep Singh Karhail (Judicial Member)] MA No 35/Mum/2022 In ITA No 1109/Mum/2020 Assessment year: 2012-13 International Financial Services Ltd., ...................... Appellant 3 rd Floor, Ajmera House, Pathakwadi, L.T Marg, Mumbai-400 002 [PAN: AABC14685H] Vs. Deputy Commissioner of Income Tax, Central Circle 2(2) Mumbai .................. Respondent Appearances by Kailash Shinare for the applicant Milind Chavan for the respondent Date of concluding the hearing : May 20, 2022 Date of pronouncement the order : July 11, 2022 ORDER Per Pramod Kumar, VP: 1. By way of this miscellaneous application the assessee applicant seeks a recall of the order dated 30.07.2021, on the ground that while the appeal was dismissed as withdrawn by the Tribunal on the ground that the matter is settled under the Vivad se Vishwas Scheme 2020, the assessee could not make the requisite payment and as such the settlement under the Vivad se Vishwas Scheme 2020, could not fructified. 2. Learned counsel submits that while the assessee have received form 3 under the Vivad se Vishwas Scheme 2020, and accordingly requested for the withdrawal of the said appeal, the assessee could not make the payment as required in terms of the said scheme accordingly, the settlement did not materialized. The assessee therefore prays that the dismissal of appeal under the misconception of matter having being settled under the Vivad se Vishwas Scheme 2020, was incorrect and the order so dismissing the appeal deserves to be recall. It is submitted that all these MA No 35/Mum/2022 In ITA No 1109/Mum/2020 Assessment year: 2012-13 Page 2 of 2 dismissals of appeal under the Vivad se Vishwas Scheme 2020, were subject to the liberty that in the event of the matter not being finally settled under the said scheme, the order so dismissing the appeal as withdrawn will be recalled. We are thus urged to recall the impugned order dated 30/07/2021. 3. Learned Departmental Representative does not oppose the prayer so made by the assessee. 4. In view of the above discussions and bearing in mind and fact that the matter has indeed not being settled under the Vivad se Vishwas Scheme 2020, we deem it fit and proper to recall the impugned order and direct the registry to fix the matter for hearing in the third week of August 2022. Ordered, accordingly. 5. In the result, miscellaneous application is allowed in the terms indicated above. Pronounced in the open court today on the 11 th July, 2022. Sd/- Sd/- Sandeep Singh Karhail Pramod Kumar (Judicial Member) (Vice President) Mumbai, dated the 11 th July, 2022 Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File By order True Copy Assistant Registrar/ Sr. PS Income Tax Appellate Tribunal Mumbai benches, Mumbai