ASST CIT 1(3)(1), MUMBAI V. RABO INDIA FINANCE LTD, MUMBAI

MA 99/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0206 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-10-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 01-09-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 01-05-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 5(2)

Judgement Text

MA No 99/Mum/2022 In MA No.2177/Mum/2018 Assessment year: 2012-13 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI 'J' BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Amit Shukla (Judicial Member)] MA No 99/Mum/2022 In MA No.2177/Mum/2018 Assessment year: 2012-13 Deputy Commissioner of Income Tax, 8 (1) (1) Mumbai. ....................... Appellant Vs. Rabo India Finance Limited .................... Respondent 20 th Floor, Tower-A, Peninsula Business Park, Lower Parel, Mumbai-400013 [PAN: AAACR6065R] Appearances: Chetan M Kacha for the appellant P.J Pardiwalla along with Nitesh Joshi for the respondent Date of concluding the hearing : 02.09.2022 Date of pronouncement the order : 19.10.2022 O R D E R Per Pramod Kumar, VP: 1. By way of this application applicant Assessing Officer has pointed out certain mistakes apparent on record in our order dated 14 th July 2021. 2. When this application came up for hearing Shri Pardiwalla, learned Senior counsel for the assessee, invited our attention to the order for full and final settlement of tax arrears under section 5(2) r.w.s. 6 of the Direct Tax Vivad se Vishwas Scheme Act 2020, which categorically covers ITA No. 2177/Mum/2017. It is thus pointed out that the matter having been settled under the Vivad se Vishwas Scheme, the revenue’s appeal ought to have been dismissed as withdrawn. A set of all the related paper was also handed over to the learned Departmental Representative. 3. Learned Departmental Representative does not oppose the submissions made by the learned Senior counsel, and leaves the matter to us. MA No 99/Mum/2022 In MA No.2177/Mum/2018 Assessment year: 2012-13 Page 2 of 2 4. In view of the above discussions, and having satisfied ourselves that the related appeal was indeed covered by the order dated 7 th Feb 2020, under the Vivad se Vishwas Scheme, we deem it fit and proper to direct that paragraph 3 to 11 of our order dated 14 th July 2021 shall stand substituted by the following:- “3. In view of the matter having been settled under the Vivad se Vishwas Scheme, vide order dated 7 th February 2020, the appeal is liable to be treated as withdrawn. We, accordingly, dismiss the appeal as withdrawn. 4. In the result the appeal is dismissed.” 5. We, accordingly, order the modification in our order dated 14 th July 2021 as above. Ordered accordingly. 6. In view of the above, no other issues thus require our adjudication. 7. In the result, miscellaneous application is allowed in the terms indicated above. Dictated and pronounced in the open court today on the 19 th October, 2022. Sd/- Sd/- Amit Shukla Pramod Kumar (Judicial Member) (Vice President) Mumbai, dated the 19 th day of October 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