RAJKUMAR HIRANI FILMS PRIVATE LIMITED, MUMBAI V. ACIT-16(1), MUMBAI

ITA 1249/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9684 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 05-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

ITA NO. 1249/MUM/2019 ASSESSMENT Y EAR: 2015 - 16 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 1249/MUM/2019 ASSESSMENT Y EAR: 2015 - 16 RAJKUMAR HIRANI FILMS PVT. LTD. .APPELLANT 361 - 362, BUILDING NO.3, 6 TH FLOOR, SOLITAIRE CORPORATE PARK, CHAKALA, ANDHERI (E), MUMBAI - 400 093 [PAN: AAFCR 8544 N ] VS ASST. CIT - 16(1) ROOM NO. 439, AAYAKAR BHAWAN, M. K. ROAD, MUMBAI ..........RESPONDENT APPEARANCES BY KAPIL HIRANI FOR T HE AP P ELLANT BHARAT ANDHALE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 22 ND , 2020 DATE OF PRONOUNCEMENT : DECEMBER 22 ND , 2020 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 14.01.2019 PASSED BY THE LEARNED CIT(A) - 4 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2015 - 16. 2. WHEN THIS APP EAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE ITA NO. 1249/MUM/2019 ASSESSMENT Y EAR: 2015 - 16 PAGE 2 OF 2 PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 22 ND DECEMBER, 2020 . SD/ - SD/ - JUSTICE P. P. BHATT PRAMOD KUMAR ( PRESIDENT ) (VICE PRESIDENT) MUMBAI, DATED THE 22 ND DAY OF DECEMBER, 2020 ROSHANI, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI