COMPOSIT BUILDING TECHNOLOGIES P. LTD., MUMBAI V. ITO, WARD -3(1)(3), MUMBAI

ITA 1335/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6749 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 144

Judgement Text

COMPOSITE BUILDING TECHNOLOGIES PVT. LTD. VS. ITO, WARD 3(1)(3), MUMBAI ITA NO. 1335/MUM/2020 A.Y 20009 - 10 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 1335 /MUM/20 20 (ASSESSMENT YEAR: 20 09 - 10 ) COMPOSITE BUILDINGS TECHNOLOGIES PVT. LTD., FLAT NO. 10, BUILDING NO. 2, PUSHPA VIHAR, COLABA MUMBAI 400 0 05 VS. ITO, WARD 3(1)(3), AAYAKAR BHAWAN, M.K. ROAD, MUMBAI 400 020 PAN NO. AACCC6787F (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI ABHISHEK JHUNJHUNWALA , A.R REVENUE BY : MS. SHREEKALA PARDESHI, D.R DATE OF HEARING : 02/09 /2021 DA T E OF PRONOUNCEMENT : 02 /09 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE COMPANY IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 8 , MUMBAI, DATED 30.01.2020 , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 144 R.W.S 147 O F THE INCOME - TAX ACT, 1961, DATED 26 .03 .2015 FOR A SSESSMENT YEAR 2009 - 10 . 2. THE ASSESSEE HAS FILED BEFORE US A LETTER DATED 31 .08.2021, WHEREIN IT IS INTER ALIA STATED THAT IT HA D FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN FORM 1 & 2 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. I T IS FURTHER STATED BY THE ASSESSEE THAT IT HAD RECEIVED THE FORM NO. 3 . IN SUPPORT OF HIS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONG WITH HIS LETTER COPY OF THE FORM NO. 3 ISSU ED BY THE DESIGNATED AUTHORITY. IT IS SUBMITTED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY BE ALLOWED TO BE WITHDRAWN. COMPOSITE BUILDING TECHNOLOGIES PVT. LTD. VS. ITO, WARD 3(1)(3), MUMBAI ITA NO. 1335/MUM/2020 A.Y 20009 - 10 2 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THEN, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS AFOREMENTIONED APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PR ONOU N CED IN THE OPEN COURT ON 02/09 /2021 SD/ - SD/ - ( SHAMIM YAHYA ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 02 . 09 .2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI