BHAGWATI DESIGNS P. LTD ( SINCE MERGED WITH FL SMIDTH P. LTD), MUMBAI v. ASST CIT RG 10(2), MUMBAI

ITA 6955/MUM/2011 | 2003-2004
Pronouncement Date: 31-08-2021 | Result: Dismissed

Appeal Details

RSA Number 695519914 RSA 2011
Assessee PAN AAACB1929J
Bench Mumbai
Appeal Number ITA 6955/MUM/2011
Duration Of Justice 9 year(s) 10 month(s) 17 day(s)
Appellant BHAGWATI DESIGNS P. LTD ( SINCE MERGED WITH FL SMIDTH P. LTD), MUMBAI
Respondent ASST CIT RG 10(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-08-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-08-2021
Date Of Final Hearing 02-06-2015
Next Hearing Date 02-06-2015
First Hearing Date 02-06-2015
Assessment Year 2003-2004
Appeal Filed On 13-10-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI MAHAVIR SINGH (VICE PRESIDENT) AND SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) ITA NO. 6955/MUM/2011 ASSESSMENT YEAR: 2003-04 M/S BHAGWATI DESIGN PRIVATE LIMITED (SINCE MERGED WITH FLSMIDTH PRIVATE LIMITED) FLSSMIDTH PRIVATE LIMITED 34 EGATOOR KELAMBAKKAM RAJIV GANDHI SALAI CHENNAI-603 103. VS. ASSISTANT COMMISSIONER OF INCOME TAX COMPANY CIRCLE 10(2) MUMBAI. PAN NO. AAACB 1929 J APPELLANT RESPONDENT ASSESSEE BY : MR. DINESH INBAVADIVU AR REVENUE BY : MS. BHARTI SINGH DR DATE OF HEARING : 31/08/2021 DATE OF PRONOUNCEMENT : 31/08/2021 ORDER PER S. RIFAUR RAHMAN A.M. THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-21 MUMBAI [IN SHORT CIT(A)] FOR THE ASSESSMENT YEAR 2012-13 DATED 13.08.2019 AND ARISES OUT OF ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT 1961 (IN SHORT THE ACT). 2. AT THE OUTSET THE LD. AR SUBMITTED THAT ASSESSEE HAS PREFERRED TO SETTLE THE ISSUE UNDER VIVAD SE VISHWAS ACT 2020 AND RELEVANT INFORMATION IS FILED VIDE LETTER DATED 15.06.2021 AND SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION M/S BHAGWATI DESIGN ITA NO. 6955/M/2011 2 UNDER DIRECT TAX VIVAD SE VISHWAS ACT 2020 (ACT 3 OF 2020) AND CONFIRMED THE RECEIPT OF FORM-3. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME 2020 AND RECEIVED THE CONFIRMATION OF FORM-3. THEREFORE WE ARE INCLINED TO DISMISS THE APPEAL AS PER ASSESSEES REQUEST AS WITHDRAWN. IN CASE FOR SOME REASON THE REVENUE DISMISS THE PLEA OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME 2020 IT CAN APPLY TO RESTORE THE MATTER IN DUE COURSE. 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 31/08/2021. SD/- SD/- ( MAHAVIR SINGH ) ( S. RIFAUR RAHMAN ) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI; DATED: 31/08/2021 RAHUL SHARMA SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT MUMBAI