M/S SEAWOODS ESTATE LTD., Mumbai V. ITO 15 (3)(3), Mumbai

ITA 2478/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4968 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 22-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 201; 54; 56

Judgement Text

1 ITA 2478 /MUM/2019 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI SAKTIJIT DEY (JUDICIAL MEMBER) I.T.A. NO. 2478 /MUM/2019 (ASSESSMENT YEAR 20 14 - 15 ) M/S SEAWOODS ESTATES LTD SECTOR 54 - 56 - 58, NRI COMPLEX PALM BEACH MARG, NERUL NAVI MUMBAI - 400 706 PAN : AABCS6200J VS ITO 15(3)(3), MUMBAI APPELLANT RESPONDENT APPELLANT BY LETTER DT 01 - 04 - 2021 RESPONDENT BY SHRI T.S. KHALSA (DR) DATE OF HEARING 06 - 0 4 - 2021 DATE OF PRONOUNCEMENT 06 - 0 4 - 2021 O R D E R PER SAKTIJIT DEY, JM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST ORDER DATED 07 - 0 1 - 201 9 OF L EARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 2 4 , MUMBAI FOR THE ASSESSMENT YEAR 20 14 - 1 5 . 2. VIDE LETTER DATED 01 - 04 - 2021 (KEPT ON RECORD), LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL UNDER THE DIRECT TAX VIVADH SE VISHWAS ACT, 2020. HE HAS FURTHER STAT ED THAT THE DESIGNATED AUTHORITY, AFTER ACCEPTING THE DECLARATION FILED BY THE ASSESSEE, HAS ISSUED FORM 3 TO THE ASSESSEE. A COPY OF 2 ITA 2478 /MUM/2019 FORM 3 HAS ALSO BEEN ATTACHED TO THE AFORESAID LETTER. THUS, THE LEARNED AUTHORIZED REPRESENTATIVE HAS MADE A REQUEST ON B EHALF OF THE ASSESSEE TO WITHDRAW THE APPEAL . THE LEARNED D EPARTMENTAL R EPRESENTATIVE HAS NO OBJECTION TO THE AFORESAID REQUEST OF THE ASSESSEE. 3. IN VIEW OF THE FACTS DISCUSSED ABOVE AND CONSIDERING ASSESSEES REQUEST, WE PERMIT THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL. ACCORDINGLY, APPEAL IS DISMISSED AS WITHDRAWN. HOWEVER, IF FOR ANY UNFORESEEN REASON S , ASSESSEES DECLARATION IS ULTIMATELY NOT ACCEPTED BY THE DEPARTMENT BY ISSUING FORM 5, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATIO N OF THIS APPEAL. 4 . IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED ON 06 /0 4 /2021. S D / - S D / - PRAMOD KUMAR SAKTIJIT DEY VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DT : 06 /0 4 /2021 PAVANAN COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI