ACIT-6(1)(2), MUMBAI, MUMBAI vs. ION EXCHANGE(INDIA) LTD, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL
“C” BENCH MUMBAI

BEFORE HON’BLE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER &
SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER
ACIT -6(1)(2)
Room No. 563 B, 5th Floor,
Aayakar Bhavan, MK Road,
Churchgate – 400020. Vs.
ION Exchange (India)
Ltd.,
ION House, 4th Floor,
Ld.DR. E Moses Road,
Mahalaxmi – 400011. PAN/GIR No. AAACI1726L
(Applicant)
(Respondent)

Assessee by Shri Mitichand Gupta
Revenue by Shri Chetan M. Kacha, Sr.DR

Date of Hearing
22.04.2025
Date of Pronouncement
22.04.2025

आदेश / ORDER

PER SANDEEP GOSAIN, JM:

The present appeal has been filed by the revenue challenging the impugned order 07.11.2024 passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the National
Faceless Appeal Centre, Delhi (NFAC) for the assessment year 2010-11. 2. An application for seeking withdrawal of appeal has been filed by the assessee / respondent pursuant to opting for a the Direct Tax Vivad se Vishwas (DTVSV), Scheme,
2024. In the said application, it has been submitted that 2
ION Exchange (India) Ltd, Mumbai the assessee had filed Form No. 1 under DTVSV scheme on 27.03.2025 and Form No. 2 (certificate is awaited from the department).
3. Considering the fact that assessee has submitted to the juri iction of DTVSV scheme by filing Form No. 1, therefore there remains no dispute for adjudication before us. Considering the said fact as mentioned in the application filed by the assessee. We are of the view that the present appeal cannot be withdrawn by the assessee as the said appeal has been filed by the department. But taking into consideration the submissions of the assessee before
DTVSV scheme the present appeal becomes infructuous and is thus dismissed as being infructuous.
However revenue will be at liberty to file an application for recalling of present order in case assessee fail to fulfill the required conditions before DTVSV.
4. In the result appeal filed by the revenue stands dismissed as infructuous
Order pronounced in the open court on 22.04.2025. (OMKARESHWAR CHIDARA) (SANDEEP GOSAIN)
(ACCOUNTANT MEMBER) JUDICIAL MEMBER

Mumbai, Dated 22/04/2025

3
ION Exchange (India) Ltd, Mumbai

KRK, PS

आदेश की ितिलिप अेिषत/Copy of the Order forwarded to :
1. अपीलाथ / The Appellant
2. थ / The Respondent.
3. संबंिधत आयकर आयु / The CIT(A)
4. आयकर आयु(अपील) / Concerned CIT
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, मुबई / DR, ITAT, Mumbai
6. गाड फाईल / Guard file.
आदेशानुसार/ BY ORDER,
सािपत ित ////