CIGNATTK HEALTH INSURANCE COMPANY LIMITED , MUMBAI V. ASST. CIT-1(1)(1), MUMBAI

ITA 1804/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1293 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 28-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA PARADESHI
• Assessee Lawyers: N O N E
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) C BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI N.K. PRADHAN, HON'BLE ACCOUNTANT MEMBER ITA NO . 1804 /MUM/2019 (A.Y: 20 14 - 15) M /S. CIGNATIK HE A L TH INSURANCE C OMPANY LTD., 401/402, 4 TH F LOOR, RAHEJA T ITANIUM WESTERN EXPRESS H I GHWAY G OREGAON (E) , MUMBAI - 400063 PAN: AAECC7904J V. ACIT - 1 (1 )(1 ) ROOM NO. 533 AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : NO NE DEPARTMENT BY : M S. S HREEKALA P ARADESHI DATE OF HEARING : 04.02.2021 DATE OF PRONOUNCEMENT : 04.02.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 2 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 31.01.2019 FOR THE A.Y . 20 14 - 15. 2 ITA NO . 1804 /MUM/2019 (A.Y: 20 14 - 15) M /S. CIGNATIK HEAL TH INSURANCE C OMPANY LTD., 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 17 TH J ANUARY, 2021 AND SUBMITTED AS UNDER: - RE: MAN IPALCIGNA HEALTH INSURANCE COMPANY LIMITED ('MANIPALCIGNA' OR 'APPELLANT ) PERMANENT ACCOUNT NUMBER (PAN): AAECC7904J ASSESSMENT YEAR (AY): 2014 - 15 APPEAL NUMBER 1804/MUM/2019 ('APPEAL') REQUEST FOR WITHDRAWAL OF APPEAL FILED UNDER SECTION 253(1 )(A) OF THE INCOME - TAX ACT, 1961 (' ACT ) WE REFER TO THE CAPTIONED APPEAL FILED UNDER SECTION 253(1 )(A) OF THE ACT WITH YOUR HONOURS' ON 28 MARCH 2019 (A COPY OF THE ACKNOWLEDGMENT IS ENCLOSED AS ANNEXURE 1) AGAINST THE ORDER DATED 31 JANUARY 2019 PASSED UNDER SECTIO N 250 OF THE ACT BY THE COMMIS SIONER OF INCOME - TAX (APPEALS) - 2, MUMBAI, FOR AY 2014 - 15. IN THIS CONNECTION, WE WISH TO STATE THAT IN RESPECT OF THE CAPTIONED APPEAL FILED FOR AY 2014 - 15, MANIPALCIGNA HAS OPTED TO SETTLE THE SAME UNDER THE DIRECT TAX VIVA D SE VISHWAS ACT, 2020 ('VSV SCHEME'). A COPY OF THE DECLARATION AND UNDERTAKING FILED IN FORM 1 AND FORM 2, RESPECTIVELY, ON 27 NOVEMBER 2020 AS REQUIRED UNDER THE VSVJSCHEME IS ENCLOSED AS ANNEXURE 2 FOR YOUR HONOURS' REFERENCE. FURTHER, WE WISH TO SUBMI T THAT FORM 3 HAS ALSO BEEN RECEIVED FROM THE DESIGNATED AUTHORITY (PRINCIPAL COMMISSIONER OF INCOME - TAX, MUMBAI - 1) AND A COPY OF FORM 3 IS ENCLOSED AS ANNEXURE 3. IN VIEW OF THE ABOVE, GIVEN THAT MANIPALCIGNA, HAS OPTED TO SETTLE THE AFORESAID DISPUTE UND ER THE VSV SCHEME, WE WISH TO WITHDRAW THE CAPTIONED APPEAL (I.E. 1804/MUM/2019) FILED BEFORE YOUR HONOURS' UNDER SECTION 253(L)(A) OF THE ACT. FURTHER, WHERE THE DESIGNATED AUTHORITY FOR ANY REASON DOES NOT ISSUE FORM 5, AT ANY STAGE HEREAFTER, THEN THE C APTIONED APPEAL WOULD STAND BE REINSTATED BEFORE YOUR HONOURS. 3. O N A PERUSAL OF THE ABOVE LETTER OF THE ASSESSEE AND THE E NCLOSED COPY OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD S E VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE 3 ITA NO . 1804 /MUM/2019 (A.Y: 20 14 - 15) M /S. CIGNATIK HEAL TH INSURANCE C OMPANY LTD., REQUESTED FOR WITHDRAWAL OF THE APPEAL . ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL , TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RE SULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 04.02.2021. SD/ - SD/ - ( N.K. PRADHAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 04/02/2021 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