DREAMZ ACHIEVERS (INDIA) PVT. LTD., MUMBAI v. ITO 9(3)(2), MUMBAI

ITA 7123/MUM/2019 | 2013-2014
Pronouncement Date: 31-05-2021 | Result: Dismissed

Appeal Details

RSA Number 712319914 RSA 2019
Assessee PAN AABCD2841C
Bench Mumbai
Appeal Number ITA 7123/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 11 day(s)
Appellant DREAMZ ACHIEVERS (INDIA) PVT. LTD., MUMBAI
Respondent ITO 9(3)(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-05-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 31-05-2021
Last Hearing Date 20-05-2021
First Hearing Date 20-05-2021
Assessment Year 2013-2014
Appeal Filed On 19-11-2019
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUMBAI BEFORE SHRI S RIFAUR RAHMAN ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE JUDICIAL MEMBER ITA NO.7123/MUM/2019 (A.Y: 2013-14) DREAMZ ACHIEVERS(INDIA) PVT LTD E-33 GARIB SOCIETY N.S. ROAD NO5 JVPD SCHEME MUMBAI-400049 VS. ITO 9(3)(2 ) ROOM NO 419 AAYAKAR BHAVAN N.M.ROAD MUMBAI-400020 ./ ./ PAN/GIR NO. : AABCD2841C APPELLANT .. RESPONDENT APPELLANT BY : SHRI VIMAL C PUN MIYA. AR RESPONDENT BY : SH RI RAJESH MISHRA. DR DATE OF HEARING 20 .0 5 .2021 DATE OF PRONOUNCEMENT 24 .0 5 .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)-16 MUM BAI PASSED U/S.271(1)(C) AND 250 OF THE INCOME TAX ACT 1961. 2. AT THE TIME HEARING THE LD. COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER DT 30.03.2021 MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OP TING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS2020) AND FILED AN ITA NO. 7123/MUM/2019 DREAMZ ACHIEVERS (INDIA) PVT LTD MUMBAI - 2 - APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 202 0. CONTRA THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE LD.AR HAS FILED A LET TER MENTIONING THAT THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.05.2021 SD/- SD/- ( S RIFAUR RAHMAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 24.05.2021 KRK PS ITA NO. 7123/MUM/2019 DREAMZ ACHIEVERS (INDIA) PVT LTD 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