HAZEL MERCANTILE LTD, MUMBAI V. DCIT CC 5(1), MUMBAI

ITA 1905/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9211 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2016-2017
• Appeal Filed On: 01-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , H BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 1905 /MUM/ 20 19 ( ASSESSMENT YEAR : 2016 - 17 ) M/S. HAZEL MERCANTILE LTD., 181, 2 ND FLOOR ASHOKA SHOPPING CENTRE G.T. HOSPITAL COMPLEX L.T.ROAD, MUMBAI MAHARASHTRA - 400 001 VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 5(1) MUMBAI PAN/GIR NO. AAACH2671K (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY MS. VINITA SHAH REVENUE BY SHRI GURBINDER SIN GH DATE OF HEARING 06 / 01 /202 1 DATE OF PRONOUNCEMENT 06 / 01 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1905/MUM/2019 FOR A.Y. 2016 - 17 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 53, MUMBAI IN APPEAL NO. CIT(A) - 53/IT - 525/DCCC - 5(1)/2017 - 18 DATED 25/01/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) ITA NO . 1905/MUM/2019 M/S. HAZEL MERCANTILE LTD., 2 DATED 29/12/2017 BY THE LD. DY. COMMISSIONER OF INC OME TAX, CENTRAL CIRCLE 5(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. ASSESSEE VIDE ITS AUTHORISED REPRESENTATIVES LETTER DATED 0 5 /01/2021, PRAYED FOR WITHDRAW AL OF APPEAL IN ITA NO.19 05 /MUM/201 9 . FOR THE SAKE OF CONVENIENCE, WE ARE REPRODUCING TH E CONTENTS OF THE SAID APPLICATION AS UNDER: - UNDER THE INSTRUCTIONS AND FOR AND ON BEHALF OF OUR CLIENT ABOVE NAMED, WE HAVE TO HUMBLY SUBMIT THAT APPELLANT HAD FILED APPLICATION UNDER VIWAD SE VISHWAS SCHEME FOR THE SAID ASSESSMENT YEAR. THE SAID APPLIC ATION FORM IS BEING ATTACHED FOR YOUR HONOUR READY REFERENCE AND RECORDS. HENCE, IN VIEW OF THE SAID APPLICATION BEING FILED UNDER THE VIWAD SE VISHWAS SCHEME, THE APPELLANT PRAYS THAT THE SAID APPEAL FILED AND BEING PENDING FOR DISPOSAL MAY KINDLY BE TRE ATED AS WITHDRAWN BY THE APPELLANT, SUBJECT TO THE FINAL ACCEPTANCE OF THE SAID APPLICATION BY DEPARTMENT FILED UNDER THE VIWAD SE VISHWAS SCHEME. HENCE, WE REQUEST YOUR HONOUR TO KINDLY TREAT THIS LETTER AS SUITABLE PETITION FOR WITHDRAWAL OF THE APPEAL FOR SAID ASSESSMENT YEAR. INCONVENIENCE CAUSED TO YOUR HONOUR IN THIS MATTER IS HIGHLY REGRETTED . 3. LD. DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS, ESPECIALLY THE APPLICATION FOR WITHDRAWAL OF THE APPEAL. WE FIND THAT ASSESSEE HAD PREFERRED APPLICATION UNDER VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE ITS TAX DISPUTE FOR THE IMPUGNED ASSESSMENT YEAR. HENCE, THERE IS NO POINT IN KEEPING THIS APPEAL PENDING IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COUR T IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020 . ACCORDINGLY, WE TREAT THIS APPEAL OF THE ASSESSEE AS WITHDRAWN GIVING LIBERTY TO THE ASSESSEE THAT IN CASE IF THE DECLARATION FILED BY IT UNDER VIVAD SE VISWAS SCHE ME - 2020 DOES NOT ATTAIN LOGICAL CONCLUSION FOR ANY ITA NO . 1905/MUM/2019 M/S. HAZEL MERCANTILE LTD., 3 REASON WHATSOEVER, THEN THIS APPEAL SHALL GET RESTORED TO ITS ORIGINAL FORM BASED ON THE APPLICATION PREFERRED BY THE ASSESSEE IN THIS REGARD. WITH AFORESAID OBSERVATIONS, THIS APPEAL OF THE ASSESSEE IS D ISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 06 / 01 /202 1 . SD / - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMB ER ACCOUNTANT MEMBER MUMBAI ; DATED 06 / 01 / 202 1 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//