HINDUSTAN OIL EXPLORATION CO. LTD., MUMBAI V. ACIT - 12 (2)(2), MUMBAI

ITA 2546/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1655 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2008-2009
• Appeal Filed On: 24-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 143(3); 145

Judgement Text

ITA NO.2546/MUM/2019 A.Y. 2008 - 09 HINDUSTAN OIL EXPLORATION CO. LTD. VS. ACIT - 12(2)(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.2546/MUM/2019 (ASSESSMENT YEAR: 2008 - 09) HINDUSTAN OIL EXPLORATION CO. LTD. KHATWARI DARBAR ROAD, OFF LINKING ROAD, KHAR (WEST), MUMBAI 400 052 VS. ACIT - 12(2)(2) AAYAKAR BHAVAN, 145 , 1 ST FLOOR, M.K. ROAD, MUMBAI 400 020 PAN NO. AAACH1407P ( ASSESSEE ) ( REVENUE ) ASSESSEE BY : SHRI NIS HIT GANDHI, A.R REVENUE BY : SHRI GURBINDER SINGH , D.R DATE OF HEARING : 24/06 /2021 DATE OF PRONOUNCEMENT : 24 /06/ 2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 20, MUMBAI, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 254 OF T HE INCOME - TAX ACT, 1961, DATED 27.01 .2017 FOR ASSESSMENT YEAR 2008 - 09 . 2. THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SU BMITTED THAT AS THE ASSESSEE HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL, THEREFORE, AS INSTRUCT ED, THE CAPTIONED APPEAL MAY BE ALLOWED TO BE WITHDRAWN. COPY OF FORM 3 ISSUED BY THE DESIGNATED AUTHORITY HAS PLACED ON OUR RECORD ALONGWITH THE ASSESSEES LETTER DATED 11.05.2021. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CA NVASSED BEFORE US. 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 RE STORATION OF ITS APPEAL. ITA NO.2546/MUM/2019 A.Y. 2008 - 09 HINDUSTAN OIL EXPLORATION CO. LTD. VS. ACIT - 12(2)(2) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 24 /06/2021. SD/ - SD/ - (RAJESH KUMAR) (RAVISH SOOD) ACC OUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 24 .06.2021 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