SHREE SHANKAR PLASTIC LTD, MUMBAI V. ITO 11(2)(2), MUMBAI

ITA 2850/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6915 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 06-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA

Judgement Text

INTHEINCOMETAX APPELLATETRIBUNAL MUMBAI BENCHSMCMUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER)AND SHRI MANISHBORAD (ACCOUNTANT MEMBER) ITANO.2850/MUM/2019 ASSESSMENT YEAR:2008-09 M/S SHREE SHANKARPLASTICSLTD., 11, ORCHID TOWERYAMUNANAGAR, LOKHANDWALACOMPLEX, ANDHERI (WEST), MUMBAI-400053. VS. ITO-11(2)(2), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 PANNO. AAFCS6383 Q APPELLANT RESPONDENT ASSESSEEBY : NONE REVENUEBY : MS. SMITAVERMA, DR DATE OF HEARING : 11/08/2021 DATE OF PRONOUNCEMENT : 11/08/2021 ORDER PER MANISHBORAD,A.M. THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-18, MUMBAI [IN SHORT CIT(A)] FOR THE ASSESSMENT YEAR 2008-09 DATED 05.03.2019 AND ARISES OUT OF ASSESSMENT COMPLETEDU/S143(3) R.W.S.147OFTHE INCOMETAXACT,1961 (IN SHORTTHE ACT). 2. AT THE OUTSET, WHEN THE APPEAL WAS CALLED OUT FOR HEARING, NONE HAS APPEAREDONBEHALFOFTHEASSESSEEINSPITEOFCALLS.VIDELETTERDATED19.04.2021, ASSESSEE SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX M/S SHREE SHANKARPLASTICS LTD. ITA NO. 2850/M/2019 2 VIVADSEVISHWASACT,2020(ACT3OF 2020)ANDCONFIRMEDTHE RECEIPTOFFORM-3 ANDPRAYERTOWITHDRAWTHE APPEAL. 3. THE LD. DRALSO DIDNOTOBJECTTO COURSESO SUGGESTED. 4. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED RECORDS PLACED BEFORE US. IN VIEW OF THE ABOVE STATED FACTS, WE DISMISS THESE APPEALS FILED BY ASSESSEE TREATING THE SAME AS WITHDRAWN/NOT PRESSED. HOWEVER, THE ASSESSEE IS AT LIBERTY TO FILE MISCELLANEOUS APPLICATION FOR RECALLING THIS ORDER WITHIN THE STIPULATED TIME AS PRESCRIBED UNDER THE LAW IF THE ASSESSEES APPLICATION FOR AVAILING THIS SCHEME COULD NOT BE ACCEPTED BY THE REVENUE FOR SOME REASON OR IF THE ASSESSEE COULD NOT FULFILL THE CONDITION PRESCRIBED IN THE SAID SCHEME NAMELYVIVADSEVISHWASSCHEME 2020. 5. IN THE RESULT, THE APPEAL IN ITA NO. 2850/MUM/2019 IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCEDINTHEOPENCOURTON 11/08/2021. SD/- SD/- ( SAKTIJIT DEY ) ( MANISHBORAD ) JUDICIALMEMBER ACCOUNTANTMEMBER MUMBAI; DATED:11/08/2021. RAHUL SHARMA,SR. P.S. COPYOFTHEORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT,MUMBAI 6. GUARDFILE. M/S SHREE SHANKARPLASTICS LTD. ITA NO. 2850/M/2019 3 BY ORDER, //TRUE COPY// (DY./ASSISTANTREGISTRAR) ITAT,MUMBAI