SARVOTTAM ADVISORY P. LTD., NAGPUR V. ITO, WARD - 8(3)(1), MUMBAI

ITA 1973/MUM/2020

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1937 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 03-12-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 143(3); 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “E” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, HON'BLE ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 1973/MUM/2020 (A.Y: 2011-12) M/s. Sarvottam Advisory Pvt. Ltd., C/o. Kailash Jogani & Co. Chartered Accountants, 299/5 Shanti Vihar Colony Opp. Hislop College Lane Civil Lines, Nagpur Maharashtra -4410001 PAN: AAMCS7291N v. Income Tax Officer – 8(3)(1) {now Income Tax Officer – 11(1)(1)} 2 nd Floor, Aayakar Bhavan M.K. Road Mumbai - 400020 (Appellant) (Respondent) Assessee by : None Department by : Shri B.K. Bagchi Date of Hearing : 03.11.2021 Date of Pronouncement : 03.11.2021 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–18, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 18.02.2020 for the A.Y. 2011-12. 2 ITA NO. 1973/MUM/2020 (A.Y: 2011-12) M/s. Sarvottam Advisory Pvt. Ltd., 2. Assessee through its authorized representative filed a letter dated 25 th October, 2021 and submitted as under: - Appellant M/s. Sarvottam Advisory Private Limited A.Y. 2011-12 PAN AAMCS7291N Appeal No. 1973/Mum/2020 Subject Application for withdrawal of appeal Honorable Bench, With reference to above appeal reference number, the case is fixed for hearing for 3 rd November 2021 before your honors. The assessment order was passed by the Ld. AO u/s. 143(3) of the Income Tax Act, 1961, The assessee had opted to settle the dispute under the Vivad se Vishwas scheme. The assessee had filed Form No 1 & 2 against which the designated authority i.e. Hon'ble PCIT-3, Mumbai had issued Form No. 3 on 13 th April 2021 as per relevant provisions of the Direct Tax Vivad Se Vishwas Act, 2020. The assessee had submitted Form No. 4 and Form No. 5 is awaited. Thus assessee request before your honor to kindly allow assessee to withdraw all grounds of appeal and aforesaid appeal filed. We hope your honor will be kind enough in acceding to our aforesaid request.” 3. On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. 3 ITA NO. 1973/MUM/2020 (A.Y: 2011-12) M/s. Sarvottam Advisory Pvt. Ltd., Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 03.11.2021. Sd/- Sd/- (SHAMIM YAHYA) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai / Dated 03.11.2021 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