SHINE STAR, MUMBAI V. ACIT - 19(3), MUMBAI

ITA 1705/MUM/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9101 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 30-07-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “SMC” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 1705/MUM/2020 (A.Y: 2011-12) M/s. Shine Star BW 3021/3032, Bharat Diamond Bourse Bandra Kurla Complex Bandra (E), Mumbai -400051 PAN: AABFS2911F v. ACIT – 19(3) Matru Mandir Tardev Road Mumbai – 400 007 (Appellant) (Respondent) Assessee by : None Department by : Ms. Kranti Yadav Date of Hearing : 08.11.2021 Date of Pronouncement : 08.11.2021 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–2, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 23.03.2018 for the A.Y. 2011-12. 2 ITA NO. 1705/MUM/2020 (A.Y: 2011-12) M/s. Shine Star 2. Assessee filed a letter dated 30 th September, 2021 and submitted as under: - “Ref: Appeal Ref No ITA1705/MUM/2020 for asst yr 2011-12 PAN: AABFS2911F Sub: Withdrawal of Appeal - With reference to the above appeal matter we have to write to you as under. 1. We say that we have filed an appeal against the Assessment order u/s 143(3) rws 147 of the act for Asst yr 2011-12 on 31.07.2020. 2. In this regard, we have made a revised application under VSVT scheme on 29.01.2021 copy of form 1 & 2 is enclosed herewith for your ready reference & records. 3. As per the scheme the learned Pr comm of income Tax has issued form 3 under VSVT scheme on 13.09.2021 and determined the balance amount payable is of Rs 419595/- on or before 30.09.2021. copy of form 3 is enclosed herewith for your ready reference & records. 4. We say that we have paid the balance amount payable is of Rs 419595/- on or before 30.09.2021 on 29.09.2021. Copy of challan is enclosed herewith for your ready reference and record. 5. Hence we are withdrawing the appeal in this regard Appeal Ref No ITA170/MUM/2020 for asst yr 2011-12.” 3. On a perusal of the above letter filed by the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for 3 ITA NO. 1705/MUM/2020 (A.Y: 2011-12) M/s. Shine Star withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 08.11.2021. Sd/- (C.N. PRASAD) JUDICIAL MEMBER Mumbai / Dated 08.11.2021 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