M/S ETISALAT DB TELECOM PRIVATE LIMITED IN LIQUIDATION, MUMBAI V. DCIT-12(2)(1), MUMBAI

ITA 1710/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6859 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2012-2013
• Appeal Filed On: 22-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NIK HIL BAJORIYA
• Keywords: Liquidation
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES K , MUMBAI BEFORE SHRI PRAMOD KUMAR , HONBLE VICE PRESIDENT AND SHRI SAKTIJIT DEY , HONBLE JUDICIAL MEMBER ITA NO. 1710/MUM/2019 ASSESSMENT Y EAR: 201 2 - 13 M/S ETISALAT DB TELECOM PRIVATE LIMITED, IN LIQUIDATION, THE OFFICIAL LIQUIDATOR, 5 TH FLOOR, BANK OF INDIA BLDG., M.G. ROAD, MUMBAI - 400023 PAN: AAKCS0136Q VS. DCIT - 12(2)(1), 2 ND FLOOR, AAYKAR BHAVAN, MUMBAI - 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI NIK HIL BAJORIYA (AR) REVENUE BY : SHRI SUSHIL KUMAR MISHRA (DR ) DATE OF HEARING : 02/08 /202 1 DATE OF PRONOUNCEMENT: 02 / 08 /202 1 O R D E R PER SAKTIJIT DEY , JM CAPTIONED APPE AL BY THE ASSESSEE IS AGAINST ORDER DATED 31.12.2018 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 20, MUMBAI FOR THE ASSESSMENT YEAR 2012 - 13. 2. AT THE OUTSET, THE PARTNER OF THE ASSESSEE FIRM SOUGHT PERMISSION OF THE BENCH FOR WITHDRAWAL OF THE APPEAL , AS THE ASSESSEE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THE APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS ALSO RECEIVED FORM - 5 ISSUED BY THE DESIGNATED AUTHORITY. IN FACT, LETTER 2 ITA NO S . 1710 / MUM/2019 ASSESSMENT YEAR: 201 2 - 1 3 DATED 30 TH JULY, 2021 OF THE ASSESSEE SEEKING WITHD RAWAL OF THE APPEAL ATTACHING A COPY OF FORM - 5 IS ALSO KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERIALS ON RECORD. UNDISPUTEDLY, THE ASSESSEE HAS FILED A DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THE PRESENT APPEAL . ACCEPTING THE DECLARATION OF THE ASSESSEE, THE DESIGNATED AUTHORITY HAS ISSUED FORM - 5 ON 26.03.2021 ACKNOWLEDGING THE FULL AND FINAL SETTLEMENT OF THE DISPUTE ARISING IN THE APPEAL. 5. IN VIEW OF THE AFORESAID, WE PERMIT THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL. ACCORDINGLY, APPEAL IS DISMISSED AS WITHDRAWN. 6 . IN THE RESULT, APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND AUGUST , 2021 . SD/ - SD/ - ( PRAMOD KUMAR ) VICE PRESIDENT (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI ; DATED: 02 / 08 /202 1 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / 3 ITA NO S . 1710 / MUM/2019 ASSESSMENT YEAR: 201 2 - 1 3 DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI