ADITYA BIRLA RETAIL LTD(SUCCESSOR OF TRINETHRA SUPERRETAIL LIMITED), MUMBAI V. ACIT CIR 2(2), HYDERABAD

ITA 1216/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1589 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 01-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: AAYUSHI MODANI
• Section: 13; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN , HON'BLE ACCOUNTANT MEMBER ITA NO. 1216 /MUM/201 8 (A.Y: 2012 - 13 ) MORE RETAIL LIMITED {ULTIMATE SUCCESSOR TO TRINETHRA TRINETHRA SUPER RETAIL LTD.,) SKYLINE ICON, 5 TH & 6 TH FLOOR ANDHERI KURLA ROAD NEAR MITTAL INDUSTRIAL ESTATE ANDHERI (E), MUMBAI - 400059 PAN: AAACP2678Q V. DCIT 9(1)(1) ROOM NO. 210/260A 2 ND FLOOR, AAYAKAR BHAWAN M.K. ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY : MS. AAYUSHI MODANI DEPARTMENT BY : SHRI VIJAYKUMAR MENON & SHRI SANJEEV KASHYAP DATE OF HEARING : 06.04.2021 DATE OF PRONOUNCEMENT : 06.04.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF LEARNED COMMISS IONER OF INCOME TAX (APPEALS) - 16, MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 08.12.2017 FOR THE A.Y. 2012 - 13. 2 ITA NO. 1216/MUM/2018 (A.Y: 2012 - 13) MORE RETAIL LIMITED (SUCCESSOR OF TRINETHRA SUPER RETAIL LTD.,) 2. AT THE TIME OF HEARING THE APPEAL VIRTUALLY, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE OPTED FOR VIVAD SE VISHWAS SCHEME AND FILED DECLARATION AND UNDERTAKING IN FORM - 1 TO SETTLE THE LITIGATION AND FORM 3 IS RECEIVED FROM THE REVENUE. LD. COUNSEL FOR THE ASSESSEE STATED THAT IT HAS OPTED UNDER VIVAD SE VISHWAS SCHEME IN RESPECT OF THE ISSUES IN REVENUES APPEAL IN ITA.NO. 1654/MUM/2018 AND THEREFORE REQUESTED FOR WITHDRAWAL OF ASSESSEES APPEAL IN ITA.NO. 1216/MUM/2018. FURTHER, WE NOTICE THAT AS SESSEE THROUGH E - MAIL DATED 05 TH APRIL, 2021 PRAYED FOR WITHDRAWAL OF APPEAL STATING AS UNDER: - RE: MORE RETAIL LIMITED (EARLIER KNOWN AS ADITYA BIRLA RETAIL LIMITED AND SUCCESSOR IN AMALGAMATION OF TRINETHRA SUPER RETAIL LIMITED) ITA NO: 1216/M/2018 AY: 2012 - 13 SUB: WITHDRAWAL OF APPEAL RESPECTED SIRS, THE HEARING FOR CAPTIONED ASSESSEE APPEAL HAVE BEEN FIXED BEFORE THE E' BENCH OF THE HON'BLE INCOME - TAX APPELLATE TRIBUNAL, MUMBAI ON APRIL 6, 2021. IN THIS C ONNECTION, THE ASSESSEE HUMBLY SUBMITS AS UNDER: THE ASSESSEE, IN ORDER TO BUY PEACE AND CLOSE THE LITIGATION, HAS FILED A DECLARATION U/S 4 OF THE DIRECT TAX VIVAD - SE - VISHWAS ACT. 2020 IN RESPECT OF THE DEPARTMENT APPEAL FOR THE CAPTIONED AY I.E. ITA NO. 1654/MUM/2018 AND RECEIVED THE CERTIFICATE U/S 5(1) IN FORM 3 ON 4 TH MARCH 2021. INTIMATION IN FORM 4 HAS BEEN FILED ON 22 ND M ARCH 2021. COPY OF THE SAID FORMS ARE ATTACHED HEREWITH FOR YOUR HONOUR'S REFERENCE. FURTHER, THE ASSESSEE IN ITS CAPTIONED APPEAL HAS TAKEN A JURISDICTIONAL GROUND AGAINST THE PROTECTI VE ASSESSMENT IN THE CAPTIONED AY WHILE THE DEPARTMENT'S APPEAL WAS IN RELATION TO THE MERITS OF THE CASE. AS EXPLAINED ABOVE, THE ASSESSEE HAS OPTED FOR SCHEME IN THE DEPARTMENT APPEAL AND FORM 4 HAS ALREADY BEEN FILED. 3 ITA NO. 1216/MUM/2018 (A.Y: 2012 - 13) MORE RETAIL LIMITED (SUCCESSOR OF TRINETHRA SUPER RETAIL LTD.,) ACCORDINGLY , THE ASSESSEE NO MORE STANDS AGGRIEVED BY THE UNDERLYING CIT(A)'S ORDER. IN VIEW OF THE FOREGOING, THE ASSESSEE DESIRES TO WITHDRAW THE CAPTIONED APPEAL. MAY WE, THEREFORE, REQUEST YOUR HONOURS TO KINDLY ALLOW US TO WITHDRAW THE CAPTIONED APPEAL. 3. ON A PERUSAL OF THE ABOVE LETTER AND THE ENCLOSED COPIES OF FORM - 3 IN ITA NO . 1654/MUM/2018 IN REVENUES APPEAL, IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND R ECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE ASSESSEES APPEAL IN ITA.NO. 1216/MUM/2018 . IN VIEW OF THE SUBMISSION OF THE LD. COUNSEL FOR THE ASSESSEE SINCE ASSESSEE HAS OPTED TO SETTLE LITIGAT ION UNDER VIVAD SE VISHWAS SCHEME THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN WITH LIBERTY TO FILE MISCELLANEOUS APPLICATION IN CASE THE APPLICATION UNDER VIVAD SE VISHWAS SCHEME IS REJECTED BY THE REVENUE. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 06.04.2021 . SD/ - SD/ - ( S. RIFAUR RAHMAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 06/04/ 2021 GIRIDHAR, SR.PS 4 ITA NO. 1216/MUM/2018 (A.Y: 2012 - 13) MORE RETAIL LIMITED (SUCCESSOR OF TRINETHRA SUPER RETAIL LTD.,) 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