ACIT CENT. CIR. - 18 &19, MUMBAI vs. M/S. UPS FREIGHT SERVICES INDIA P. LTD., MUMBAI

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ITA 47/MUM/2006Status: DisposedITAT Mumbai03 March 2021AY 2000-20012 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal as infructuous because the assessee had opted for settlement under the Vivad Se Vishwas Scheme. The Revenue was granted liberty to seek restoration if the declaration under the scheme was not accepted.

What were the facts?

The Revenue filed an appeal against the deletion of penalty by the first appellate authority. The assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020 for the assessment year in question.

What were the issues?

Whether the appeal is rendered infructuous due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Ashsultana -Ld.AR
For Respondent: Shri Tharian Oommen-Ld.DR

आयकरअपील सं./ (िनधा�रण वष� / Assessment Year: 2000-01 ) ACIT-Central Circle-18 & 19 M/s. UPS Freight Services Room No.402, 4th Floor India Pvt. Ltd. Aaykar Bhavan, M.K. Road (Formerly known as Fritz Freight बनाम/ Mumbai-400 020 Forwarding India Pvt. Ltd.) Vs. 901, Alpha Main Street Hiranandani Garden, Powai Mumbai-400 076 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACF-0671-R (अपीलाथ�/Appellant) (��थ� / Respondent) : Assessee by : Ms. Ashsultana -Ld.AR Revenue by : Shri Tharian Oommen-Ld.DR सुनवाई की तारीख/ : 23/02/2021 Date of Hearing घोषणा की तारीख / : 03/03/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by revenue for Assessment Year 2000-01 contest the order of learned first appellate authority which has deleted penalty s levied by Ld. Assessing Officer vide order dated 23/03/2005. M/s.UPS Freight Services India Pvt. Limited Assessment Year: 2000-01

2.

The Ld. Counsel for assessee, at the outset, submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 for the year under consideration and received Form No.3 from appropriate authority. A copy of the same has been forwarded through email. The Ld. DR could not controvert the same.

3.

In view of foregoing, the appeal stands dismissed as infructuous with a liberty to revenue to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons. 4. The appeal stands dismissed as infructuous. Order pronounced on 03rd March, 2021. Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) उपा�� / Vice President लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 03/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

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