M/S KAPADIA REALTORS PVT. LTD., Mumbai V. ITO 10(1)(3), Mumbai

ITA 1939/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3100 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2014-2015
• Appeal Filed On: 03-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHIDDARAMAPPA K
• Section: 143(3)

Judgement Text

ITA NO.1939/MUM/2019 A.Y. 2014 - 15 M/S KAPADIA REALTORS PVT. LTD. VS. ITO - 10(1)(3) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.1939/MUM/2019 (ASSESSMENT YEAR: 2014 - 15 ) M/S KAPADIA REALTORS PRIVATE LTD. 10/B, GODREJ WARDREF, OPP MILLAT NAGAR, LOKHANDWALA CIRCLE, ANDHERI (W) MUMBAI 400 053 VS. ITO 10(1)(3) R. NO. 25B, AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020 PAN NO. AADCK1615M (ASSESSEE) (REVENUE) ASSESSEE BY : NONE REVENUE BY : SHRI SHIDDARAMAPPA K., D.R DATE OF HEARING : 14/10 /2021 DATE OF PRONOUNCEMENT : 14 /10/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 17, MUMBAI, DATED 15.02.2019 , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF T HE INCOME - TAX ACT, 1961, DATED 29.12 .2016 FOR ASSESSMENT YEAR 2014 - 15 . 2. THE ASSESSEE HAS FILED A LETTER DATED 15 .09.2021 INTIMATING THAT IT HAD FILED APPLICATION UNDER THE DIRECT THE TAX VIVAD SE VISHWAS, ACT, 2020, IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. IT IS STATED BY THE ASSESSEE THAT IT HAS RECEIVED FORM 3 (COPY ENCLOSED) FROM THE DESIGNATED AUTHORITY. ALSO, COPY OF FORM 4 INTIMATING THE PAYMENT MADE UNDER SUB - SECTION (2) OF SEC. 5 OF THE DIRECT TAX VIVAD VISHWAS ACT, 2020 (3 OF 2020) HAD ALSO BEEN ENCLOSED. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDRO P OF THE AFORESAID FACTS, THE APPEAL FILED BY THE ASSESSEE HAVING BEEN RENDERED AS INFRUCTUOUS MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS HAD BEEN STATED BEFORE US. ITA NO.1939/MUM/2019 A.Y. 2014 - 15 M/S KAPADIA REALTORS PVT. LTD. VS. ITO - 10(1)(3) 2 4. IN VIEW OF THE ABOVE, WE DISMI SS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONO UNCED IN TH E OPEN COURT ON 14 /10/2021. SD/ - SD/ - ( S. RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 14 .10.2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI