ITO 20(1)(4), MUMBAI V. A.R. DEVELOPERS, MUMBAI

ITA 3053/MUM/2014

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7741 (ITAT-MUMBAI)
• Duration Of Justice: 6 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 02-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BRAJENDRA KUMAR
• Section: 271(1)(c)

Judgement Text

ITA NO. 3053/MUM/2014 A.Y. 2007 - 08 THE ITO - 20(1) - 4 VS. M/S A.R. DEVELOPERS 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 3053/MUM/2014 (ASSESSMENT YEAR: 2007 - 08 ) THE ITO - 20(1) - 4 ROOM NO. 608, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI 12 VS. M/S A.R. DEVELOPERS 108, SUNSHINE B LOKHANDWALA COMPLEX, ANDHERI (W), MUMBAI 400053 PAN NO. AAOFA5716H (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI BRAJENDRA KUMAR, D.R REVENUE BY : SHRI NEERAJ MANGLA, A.R DATE OF HEARING : 20 /01/2021 DATE OF PRONOUNCEMENT : 20 /01/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 31 , MUMBAI DATED 17.02.2014 , WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSED U/S 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 26.03.2012 FOR ASSESSMENT YEAR 2007 - 08 . 2. THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE HA D FILED A LETTER ON 19/20.01.2021 WHEREIN IT IS STATED THAT THE ASSESSEE HAD FILED THE NECESSARY DECLARATION UNDER THE DIRECT TAX VIVAD S E VISHWAS ACT, 2020 (3 OF 2020). IN THE BACKDROP OF THE AFORESAID FACT, IT IS REQUESTED BY THE LD. A.R THAT THE DEPARTM ENT BE DIRECTED TO WITHDRAW ITS APPEAL. OUR ATTENTION WAS DRAWN BY THE LD. A.R TOWARDS THE COPY OF FORM 1 EVIDENCING FILING OF THE DECLARATION UNDER THE AFORESAID SCHEME . 3. THE LD. D.R DID NOT RAISE ANY OBJECTION. 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME FOR ANY REASON, THE REVENUE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 3053/MUM/2014 A.Y. 2007 - 08 THE ITO - 20(1) - 4 VS. M/S A.R. DEVELOPERS 2 5. RESULTANTLY, T HE APPEAL FILED BY THE REVENUE IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 20 /01/2021. SD/ - SD/ - ( S. RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 20 .01.2021 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