ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 5 3 1 MUMBAI, MUMBAI vs. UNICHEM LABORATORIES LIMITED, MUMBAI
What did the Tribunal hold?
The tribunal rejected the assessee's request for adjournment. The appeal was treated as dismissed as withdrawn, with liberty to revive if the Vivad se Vishwas settlement could not be materialized.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A) for AY 2016-17. The assessee sought an adjournment as it had opted to settle the pending litigation through the Direct Tax Vivad se Vishwas Scheme, 2024.
What were the issues?
Whether an adjournment should be granted when the assessee has opted for a settlement scheme and the appeal is to be dismissed as withdrawn.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI PAWAN SINGH, JM & SHRI ARUN KHODPIA, AM
आयकरअपीलीयअिधकरण�ायपीठमुंबईम�। IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM & SHRI ARUN KHODPIA, AM I.T.A. No.2356/Mum/2026 (Assessment Year: 2016-17) Assistant Commissioner of Unichem Laboratories Limited Income Tax Circle 5(3)(1), Unichem Bhavan 8,Prabhat Estate, S V Mumbai Road, Jogeshwari West, Mumbai- Vs. Room No. 573 Aaykar Bhawan, 400102 New Marine Lines, Churchgate, Mumbai-400020 PAN: AAACU0551B Revenue- अपीलाथ� / Appellant Assessee-��थ�/ Respondent :
: Milin Bakhar Assesseeby : Shri Vibhor Badoni - Sr. DR Revenueby : 23.06.2026 Date of Hearing Date of Pronouncement : 23.06.2026
O R D E R Per Arun Khodpia, AM: This appeal is preferred by the Revenue, directed against the order of the Commissioner of Income Tax Appeals, National Faceless Appeal Centre (NFAC), Delhi [in short, “the Ld. CIT(A)”], dated 08.12.2025 for the Assessment Year (AY) 2016-17, arises from the assessment order under section 147 r.w.s 144 of the Income Tax Act, 1961 [in short, “the Act”] dated 10.05.2023, passed by Assessment Unit, Income Tax Department [in short, “the Ld.AO”].
ITA No. 2356/Mum/2026 Unichem Laboratories Limited 2. At the very beginning of hearing in this case, the Counsel of assessee submitted that the assessee seeks adjournment in the present case it has already opted to settle the pending litigation in the present appeal through Direct Tax Vivad se Vishwas Scheme, 2024 (“DTVSVS, 2024”) and is waiting for issuance of Form 4 by the ld. PCIT. Copy of Form 1, 2 and 3 are furnished before us in the assessee’s paper book which were filed / issued on 28th April 2025, 14th July 2025 and 28th January, 2026. 3. In backdrop of aforesaid facts and circumstances, the application of assessee for adjournment is rejected. The submissions of both the parties are heard and the appeal of assessee is treated to be dismissed as withdrawn with the liberty that in case the assessee’s request under Vivad Se Vishwas Scheme could not be materialized, the assessee would be entitled for revival of present appeal after having furnished the reasonable cause for non-completion of the proceedings under VSVS 2024. 4. In result, the appeal of assessee stands dismissed as withdrawn in terms of our aforesaid observations. Order pronounced in the open court on 23-06-2026 at the time hearing.
Sd/- Sd/- (PAWAN SINGH) (ARUN KHODPIA) JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated : 23-06-2026. Ankit K., Sr. PS 2
ITA No. 2356/Mum/2026 Unichem Laboratories Limited
Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. DR, ITAT, Mumbai 4. Guard File 5. CIT
BY ORDER,
(Dy./Asstt. Registrar) ITAT, Mumbai
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