NISHTA MALL MANAGEMENT CO P LTD., Mumbai V. DCIT WARD 10(3)(1), Mumbai

ITA 2343/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3678 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 12-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Assessee Lawyers: NAMRATA
• Section: 143(3)

Judgement Text

ITA NO.2343/MUM/2019 A.Y. 2013 - 14 NISHTA MALL MANAGEMENT CO. P. LTD. VS. DCIT, WARD - 10(3)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 2343 /MUM/2019 (ASSESSMENT YEAR: 2013 - 14 ) NISHTA MALL MANAGEMENT CO. PRIVATE LIMITED, KNOWLEDGE HOUSE, SHYAM NAGAR, OFF JOGESHWARI VIKHROLI LINK ROAD, JOGESHWARI (EAST), MUMBAI 400 060 VS. DCIT, WARD - 10(3)(1) AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 PAN NO. AAECM0705H (ASSESSEE) (REVENUE) ASSESSEE BY : MS. NAMRATA, A.R REVENUE BY : SHRI THARIAN OOMMEN , D.R DATE OF HEARING : 04/03 /2021 DATE OF PRONOUNCEMENT : 04 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 17 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 28.10.2015 FOR ASSESSMENT YE AR 2013 - 14 . 2. THE ASSESSEE HAS FILED A LETTER ON 15 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT IT HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL AND HAS RECEIV ED THE CERTIFICATE UNDER SUB - SECTION (1) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER FORM 3 ISSUED BY THE DESIGNATED AUTHORITY. IT IS S TATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.2343/MUM/2019 A.Y. 2013 - 14 NISHTA MALL MANAGEMENT CO. P. LTD. VS. DCIT, WARD - 10(3)(1) 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 04 /03/2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 04 .03.2021 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