LEHMAN BROTHERS SECURITIES P.LTD, MUMBAI V. ASST CIT CIR 4(3), MUMBAI

ITA 1718/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0241 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 22-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 201; 13; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, JM AND SHRI MANOJ KUMAR AGGARWAL , AM / I .T.A. NO S. 1718 TO 1721 / MUM/ 201 6 ( / ASSESSMENT YEAR S : 2009 - 10 TO 20 12 - 13 ) LEHMAN BROTHERS SECURITIES PVT. L TD. THE EMPIRE BUSINESS CENTRE OFFICE NO.203, EMPIRE COMPLEX 414, SENAPATI BAPAT MARG, LOWER PAREL (W), MUMBAI - 400013 . / VS. ACIT CIRCLE 4(3) ROOM NO. 649, 6 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AABCL 1353 R ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 23 / 1 2 / 20 20 /DATE OF PRONOUNCEMENT: 23 / 1 2 / 20 20 / O R D E R PER BENCH : THESE APPEAL S FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 18 . 12 .201 5 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 9 MUMBAI [HEREI NAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y S . 2009 - 10 TO 201 2 - 13 . 2 . WHE N THESE APPEAL S WERE 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, 2 020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL S . IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THA T HE HAS NO OBJECTION TO THE APPEAL S BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT ASSESSEE BY : SHRI NIMESH JAIN (AR) REVENUE BY: SHRI GURBINDER SINGH (DR) ITA NO S . 1718 TO 1721 /M/201 6 A.Y S . 2009 - 10 TO 20 12 - 1 3 2 FOR REVIVAL OF THE APPEAL S ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3 . THE LD. DR ALS O DID NOT OBJECT TO COURSE SO SUGGESTED. 4 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL S AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPRO ACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL S . 5 . IN THE RESULT, THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 23 / 1 2 /2020 SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 23 / 12 / 2020 V IJAY PAL SINGH ( SR.PS ) / COPY OF THE ORDER FO RWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI