JR TOLL ROAD PVT. LTD., MUMBAI V. ACIT - 15 (2)(1), MUMBAI

ITA 2299/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9854 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 11-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA JANG

Judgement Text

ITA NO. 2299/MUM/2019 ASSESSMENT YEAR: 2014 - 15 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI F BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 2299/MUM/2019 ASSESSMENT YEAR: 2014 - 15 JR TOLL ROAD PRIVATE LTD. .APPELLANT 3 RD FLOOR, RELIANCE CENTRE, PRABHAT COLONY, SANTACRUZ (E) MUMBAI 400055 [PAN: AACCJ2583L ] VS ACIT - 15(2)(1) MUMBAI ..........RESPONDENT APPEARANCES BY JITENDRA SANGHVI FOR THE APPELLANT NARENDRA JANGPANI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 28 TH , 2020 DATE OF PRONOUNCEMENT : DECEMBER 24 TH , 2020 ORDER PER BENCH: - 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 05.02.2019 PASSED BY THE LEARNED CIT(A) - 24 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2014 - 15. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIREC T TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN ITA NO. 2299/MUM/2019 ASSESSMENT YEAR: 2014 - 15 PAGE 2 OF 2 RESPONSE TO THE SUGGESTION FROM THE B ENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE S HALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 24 TH DECEMBER , 20 20 . SD/ - SD/ - JUSTICE P. P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 24 TH DAY OF DECEMBER, 2020 COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI