ITO 9(1)(1), MUMBAI vs. ABJ DEVELOPERS PVT. LTD., MUMBAI

This appeal filed by the revenue and cross objections filed by the assessee are directed against order of the Ld. Commissioner of Income tax (Appeals)-16 Mumbai, dated 02/03/2016 for the Asst.Year 2009-10. Since, facts are identical and issues are common for the sake of convenience, the appeal filed by the revenue and cross objection filed by the assessee are heard together and are disposed-off by this consolidated order.

At the outset, the Ld. Counsel of the assessee submitted that the assessee has gone into for Vivad Se Viswas Scheme 2020, therefore, the case may kindly be adjourned.

Since the assessee has gone into for Vivad Se Vishvas Scheme 2020, the adjournment application by the assessee is rejected. Besides, we are inclined to dismiss the appeal of the assessee in view of the decision of the Hon’ble Madras High Court Nannu Samy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to assessee to get this appeal recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeal of the assessee is dismissed. Similarly, the Revenue appeal and cross objections of the assessee are also dismissed. Order pronounced in the open court on this 23/12/2020