AKBAR ABDEALI MUN, MUMBAI V. DCIT 24(1), MUMBAI

ITA 3166/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0689 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 02-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3)

Judgement Text

ITA NO.3166/MUM/2017 A.Y. 2006 - 07 M/S AKBAR ABDEALIMUN. VS. DCIT - 24(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 3166/MUM/2017 (ASSESSMENT YEAR: 2006 - 07 ) M/S AKBAR ABDEALI MUN. TRESCHO INCORPORATION, 2 & 3, 2/3 SARAF KASKAR INDL ESTATE, S.V. ROAD JOGESHWARI - WEST MUMBAI 400102 VS. DCIT - 24(1) A - 1 MONARCH CASTLE CHS LD, HANUMAN RD DATA WADI, VILE PARLE EAST , MUMBAI - 400057 PAN NO. AABPM3580C (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL REQUEST LETTER DATED 11.02.202 1 REVENUE BY : SHRI BRAJENDRA KUMAR , D.R DATE OF HEARING : 15 /02/2021 DATE OF PRONOUNCEMENT : 15 /02/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 42 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 147 OF THE INCOME - TAX ACT, 1961, DATE D 24.03.2014 FOR ASS ESSMENT YEAR 2006 - 07 . 2. THE ASSESSEE HAS FILED A LETTER DATED 11 TH FEBRUARY , 2021, WHEREIN IT IS STATED THAT IT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN FORM 1 & FORM 2 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL AND IS AWAITING FOR THE ISSUANCE OF FORM 3 BY THE DESIGNATED AUTHORITY . IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER COPIES OF FORM 1 & FORM 2. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID F ACTUAL POSITION AS WAS STATED 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEM E THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO.3166/MUM/2017 A.Y. 2006 - 07 M/S AKBAR ABDEALIMUN. VS. DCIT - 24(1) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 15 /02/2021. SD/ - SD/ - (MANOJ KUMAR AGGARWAL) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 15 .02.2021 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