MARS LIFESTYLE PVT. LTD., MUMBAI V. ITO 10 (2)(3), MUMBAI

ITA 1571/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9341 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 15-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA PARDESHAI
• Assessee Lawyers: JITENDRA SINGH

Judgement Text

SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE S H RI VIKAS AWASTHY, JUDICIAL MEMBER ./ ITA NO. 1571 / MUM/ 2019 ( / ASSESSMENT YEARS 2008 - 09 ) MARS LIFESTYLE PVT. LTD. 102, THE AVENUE, OPP. HOTEL LEELA, ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI / VS. THE INCOME TAX OFFICER, WARD 10(2)(3) 2 ND FLOOR, ROOM NO. 212, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AABCJ 6433 A / APPELLANT BY : SHRI JITENDRA S INGH , AR / RESPONDENT BY : MS. SHREEKALA PARDESHAI, DR / DATE OF HEARING : 28.12.2020 / D ATE OF PRONOUNCEMENT : 28.12.2020 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 17 , MUMBAI [IN SHORT THE CIT(A)] DATED 23.01.2019 FOR THE ASSESSMENT YEAR 2008 - 09 . 2. A REQUEST LETTER D ATED 28.12.2020 HAS BEEN RECEIVED FROM THE ASSESSEE REPRESENTATIVE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS S CHEME, 2020 (IN SHORT VSVS) AND HENCE, WANT TO WITHDRAW THE APPEAL. THE RELEVANT EXTRACT OF THE AFORESAID LETTER IS REPRODUCED HEREINBELOW : PAGE | 2 ITA NO. 1571 /MUM/2019 M/S MARS LIFESTYLE P. LTD. . , AY 08 - 09 REF. : IN THE MATTER OF MARS LIFESTKE PVT. LTD. APPEAL NO. : ITA 1571/MUM/2019 BENCH SMC ASSESSMENT YEARS : 2008 - 09 SUB : REQUEST TO GRANT PERMISSION TO WITHDRAW THE APPEAL. RESPECTED SIR, THE ABOVEMENTIONED APPEAL IS FILED BY THE AS SESSEE AGAINST THE ORDER DATED 23/01/2019 PASSED BY LD. CIT(A) 17, MUMBAI. I HAVE BEEN ENGAGED TO APPEAR IN THIS MATTER. VAKALATNAMA DULY SIGNED IN MY FAVOUR IS ENCLOSED HEREWITH. HOWEVER, THE ASSESSEE IS HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020 AND FILED THE FORM NO. 1 & FORM NO. 2 BEFORE THE DESIGNATED AUTHORITY ON 23/12/2020. A COPY OF FORM NO. 1 & FORM NO. 2 IS ENCLOSED HEREWITH. THEREFORE, IN ORDER TO COMPLY WITH THE PROVISIONS OF VIVAD SE VISHWAS SCHEME, 2020, WE REQUEST YOUR HONOURS TO G RANT US THE PERMISSION TO WITHDRAW THE ABOVEMENTIONED APPEAL AND OBLIGE. I HOPE THAT YOUR HONOURS WOULD ACCEDE TO MY REQUEST AND ALLOW US TO WITHDRAW THE APPEAL. INCONVENIENCE C AU SED IS DEEPLY REGRETTED. THANKING YOU, YOURS FAITHFULLY, SD/ - (J ITENDRA SINGH) ADVOCATE FOR THE ASSESSEE PAGE | 3 ITA NO. 1571 /MUM/2019 M/S MARS LIFESTYLE P. LTD. . , AY 08 - 09 3. MS. SHREEKALA PARDESHAI , REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF ABOVE REQUEST, THE ASS ESSEE IS ALLOWED TO WITHDRAW THE APPEAL . THUS, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CL EAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RE CALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT]. 6. THE APPEAL IS DISMIS SED AS WITHDRAWN WITH THE LIBERTY AFORESAID . ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY , THE 28 TH DAY OF DECEMBER , 2020. SD/ - ( / VIKAS AWASTHY ) ( / JUDICIAL MEMBER) , / MUMBAI, DATED: 28. 1 2.2020 , . / SUDIP SARKAR, SR.PS PAGE | 4 ITA NO. 1571 /MUM/2019 M/S MARS LIFESTYLE P. LTD. . , AY 08 - 09 / 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// / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI