BODYRHYTHM ENTERPRISES LTD., MUMBAI V. ITO WARD 3(1)(2), MUMBAI

ITA 1774/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2051 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1996-1997
• Appeal Filed On: 26-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA JOSHI
• Assessee Lawyers: R C JAIN
• Section: 12A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 1774 /MUM/ 20 19 ( ASSESSMENT YEAR : 1996 - 1997 ) M/S. BODYRHYTHM ENTERPRISES LTD., BASEMENT (SOUTH) FO RESHORE CHS LTD., 12A ADVENT GEN BHOSALE MARG, MUMBAI VS. ITO - WARD 3(1)(2), MUMBAI PAN/GIR NO. AAACT1504B (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI R.C.JAIN REVENUE BY SHRI RAJENDRA JOSHI DATE OF HEARING 03 / 12 /2020 DATE OF PRONOUNCEMENT 03 / 12 /2020 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1774/MUM/2019 FOR A.Y. 1996 - 1997 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 8, MUMBAI IN APPEAL NO. CIT(A) - 8/10430/2017 - 18 DATED 28/01/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 254 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED ITA NO . 01774/MUM/2019 M/S. BODYRHYTHM ENTERPRISES LTD., 2 22/12/2011 BY THE LD. ITO 3(1)(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT ASSESSEE HAS RAISED GROUNDS FOR DELETION OF ADDITION MADE U/S.69B OF THE ACT IN THE SUMS OF RS.43 , 03 , 083/ - AND RS.18 , 66 , 898/ - IN ITS APPEAL FILED BEFORE US. WE FIND THAT THE CHARTERED ACCOUNTANT OF THE ASSESSEE VIDE ITS LETTER DATED 02/12/2020 HAD SUBMITTED IN WRIT ING THAT ASSESSEE HAS ALREADY FILED AN APPLICATION UNDER VIVAD SE VISHWAS SCHEME 2020 BY FILING FORM NO.1 AND HAD ALSO GIVEN DECLARATION IN FORM NO.2 ON 21/09/2020. FURTHER THE ASSESSEE HAS ALSO RECEIVED FORM NO.3 U/S.5(1) OF DIRECT TAX VIVAD SE VISHWAS SCHEME 2020 ON 26/11/2020 DETERMINING THE AMOUNT PAYABLE BY THE ASSESSEE. ACCORDINGLY, THE ASSESSEES AUTHORISED REPRESENTATIVE HAD SOUGHT TO WITHDRAW THE APPEAL FILED BY THE ASSESSEE BEFORE US. THE SAID LETTER DATED 02/12/2020 IS TAKEN ON RECORD AND ACC ORDINGLY IN VIEW OF ASSESSEE AVAILING THE DIRECT TAX VIVAD SE VISHWAS SCHEME 2020, THE APPEAL FILED BY THE ASSESSEE IS PERMITTED TO BE WITHDRAWN. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 03 / 12 /2020 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 03 / 12 / 2020 KARUNA , SR.PS ITA NO . 01774/MUM/2019 M/S. BODYRHYTHM ENTERPRISES LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) IT AT, MUMBAI 1. THE APPELLANT 2. T HE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//