GURUDATTA CONSTRUCTION, MUMBAI V. PRINCIPAL COMMISSIONER OF INCOME TAX-1, THANE

ITA 1160/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9013 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 28-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Assessee Lawyers: RAJESH S SHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO . 1160/ MUM/201 8 (A.Y: 2009 - 10) M/S. GURUDATTA CONSTRUCTION 201, RADHA NIWAS CHS O P. GHANTALID EVI TEMPLE NAUPADA, THANE (W) MUMBAI - 400 602 PAN: AAB F G 0426H V. PR. COMMISSIONER OF INCOME TAX 1 ASHAR I.T. PARK, B WING, 6 TH FLOOR WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAJESH S. SHAN DEPARTMENT BY : SHRI V. VINOD KUMAR DATE OF HEARING : 06.02.2020 DATE OF PRONOUNCEMENT : 31 . 07 .2020 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED PR. COMMISSIONER OF INCOME TAX - 1, MUMBAI DATED 31.07.2017 FOR THE A.Y. 2009 - 10. 2. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE DEPARTMENT HAS GIVEN THE CREDIT IN RESPECT OF TAXES PAID UNDER DIRECT 2 ITA NO. 1160//MUM/2018 (A.Y: 2009 - 10) M/S. GURUDATTA CONSTRUCTION TAX DISPUTE RESOLUTION SCHEME, 2016 AS SUCH ASSESSEE DO NOT WANT TO PRESS THE APPEAL. LD. COUNSEL FOR THE ASSESSEE VIDE LETTER DATED 05.02. 2020 REQUEST ED FOR WITHDRAWAL OF APPEAL. LD. DR HAS NO OBJECTION. 3. WE HAVE HEARD SUBMISSIONS. CONTENTS OF THE LETTER DATED 05.02 .2020 FILED BY THE ASSESSEE ARE AS UNDER: - WE UNDER THE INSTRUCTION FROM OUR ABOVE CLIENT, WOULD LIKE TO STATE AS UNDER: THE ABOVE APPELLANT WOULD LIKE TO WITHDRAW THE APPEAL SINCE THE DEPARTMENT HAS GIVEN THE CREDIT IN RESPECT OF TAXES PAID UNDER DIRECT TAX DISPUTE RESOLUTION SCHEME, 2016. IN VIEW OF THE A BOVE THERE IS NO GRIEVANCE AS FAR AS THE APPELLANT IS CONCERNED, WE THEREFORE REQUEST YOUR HONOUR TO ALLOW THE APPELLANT TO WITHDRAW THE APPEAL NO. ITA NO.1160/M/2018. IN VIEW OF THE ABOVE SUBMISSIONS OF THE ASSESSEE REQUESTING FOR WITHDRAWAL OF APPEAL, THE APPEAL IS PERMITTED TO BE WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . 5. BEFORE PARTING, WE NOTICED THAT THIS APPEAL WAS HEARD ON 06.02.2020 AND THE PRONOUNCEMENT IS DELAYED DUE TO LOCKDOWN IN VIEW OF COVID - 19 PANDEMIC. T HE PRONOUNCEMENT IS AS PER RULE 34(5) OF INCOME TAX APPELLATE TRIBUNAL RULES, 1963 AND HON'BLE BOMBAY HIGH COURT DECISION VIDE ORDERS DATED 15.04.2020 AND 15.06.2020 EXTENDING THE TIME BOUND 3 ITA NO. 1160//MUM/2018 (A.Y: 2009 - 10) M/S. GURUDATTA CONSTRUCTION PERIODS SPECIFIED BY HON'BLE HIGH COURT BY REMOVING THE PERIOD UN DER LOCKDOWN. THIS ASPECT WAS ALSO DEALT WITH IN DETAIL BY THE MUMBAI BENCH OF THE TRIBUNAL IN CASE OF DCIT V. JSW STEEL VIDE ORDER DATED 15.05.2020. ORDER PRONOUNCED ON 31 . 07.2020 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD. SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 31 / 07 / 2020 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM