UMA METAL COMPANY , MUMBAI v. ITO 17(3)(5) , MUMBAI

ITA 440/MUM/2020 | 2011-2012
Pronouncement Date: 12-03-2021 | Result: Dismissed

Appeal Details

RSA Number 44019914 RSA 2020
Assessee PAN AAAFU0660N
Bench Mumbai
Appeal Number ITA 440/MUM/2020
Duration Of Justice 1 year(s) 1 month(s) 25 day(s)
Appellant UMA METAL COMPANY , MUMBAI
Respondent ITO 17(3)(5) , MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 12-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 12-03-2021
Last Hearing Date 12-03-2021
First Hearing Date 12-03-2021
Assessment Year 2011-2012
Appeal Filed On 17-01-2020
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH MUMBAI BEFORE SHRI SHAMIM YAHYA ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE JUDICIAL MEMBER ITA NO. 440/MUM/2020 (A.Y: 2011-12) M/S UMA METAL COMPANY 34 DINANATH APT CHS MG ROAD OPP UCO BANK KANDIVALI WEST MUMBAI 400067 VS. ITO 17(3)(5) AAYAKAR BHAVAN CHURCHGATE. MUMBAI 400020 ./ ./ PAN/GIR NO. : AAAFU0660N APPELLANT .. RESPONDENT APPELLANT BY : NONE(W ITHDRAWAL LETTER FILED DT 05.03.2021) RESPONDENT BY : MS. SMITA VERMA DR DATE OF HEARING 12 .0 3 .2021 DATE OF PRONOUNCEMENT 15 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 28 MUMB AI PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT 1961. 2. AT THE TIME HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE. THE LD.AR HAS FILED A LETTER DATED 05-03- 2021 THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIG ATION BY ITA NO. 439/MUM/2010 UMA METAL COMPANY MUMBAI - 2 - OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VS VS RULES 2020. CONTRA THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE LD.DR AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD S E VISHWAS SCHEME 2020 AND HAS FILED A LETTER DT 05-0 3- 2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FROM THE INCOME T AX DEPARTMENT. WE ARE OF THE VIEW THAT NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 15.03.2021 KRK PS ITA NO. 439/MUM/2010 UMA METAL COMPANY MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' )* / DR ITAT MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT MUMBAI