LOTUS SURGICALS P.LTD, MUMBAI V. DCIT CEN CIR - 5(1), MUMBAI

ITA 3202/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1596 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 14-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) A BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO. 3202/MUM/2019 (A.Y: 2015 - 16 ) LOTUS SURGICALS PVT. LTD., 404, PRATHAMESH TOWERS RAGHUVANSHI MILLS COMPOUND SENAPATI BAPAT MARG LOWER PAREL, MUMBAI - 400013 PAN: AABCL1217G V. DCIT CC 5(1) ROOM NO. 1928 AAYAKAR BHAVAN, AIR INDIA BUILDING NARIMAN POINT, MUMBAI 400 021 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SATYAPRAKASH SINGH DEPARTMENT BY : SHRI BRAJENDRA KUMAR DATE OF HEARING : 19 .05.2021 DATE OF PRONOUNCEMENT : 19 .05.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 53 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 14.03.2019 FOR THE A.Y . 2015 - 16 . 2. ASSESSEE FILED A LETTER THROUGH MAIL DATED 17 TH MAY , 2021 AND SUBMITTED AS UNDER: - RE: LOTUS SURGICALS PRIVATE LIMITED ('LSPL' OR 'THE APPELLANT') PAN: AABCL1217G ASSESSMENT YEAR ('AY') 2015 - 16 2 ITA NO. 3202/MUM/2019 (A.Y: 2015 - 16) LOTUS SURGICALS PVT. LTD., ASSESSEE'S APPEAL: ITA NO. 3202 /M/2019 SUB: - REQUEST FOR ADJOURNMENT RESPECTED SIRS, WE REFER TO HEARING OF THE CAPTIONED APPEAL WHICH IS SCHEDULED FOR H EARING BEFORE YOUR HONOURS ON 19 MAY 2021. IN CONNECTION WITH THE CAPTIONED MATTER, WE WISH TO MENTION THAT WE HAVE FILED AN APPLICATION UNDER THE DIRECT TAX - VIVAD SE VISHWAS ACT, 2020 ('VSV') IN RESPECT OF THE CAPTIONED A PPEAL AND HAVE RECEIVED FORM 3 FROM THE DESIGNATED AUTHORITY. COPY OF FORM 3 ISSUED IS ENCLOSED FOR YOUR READY REFERENCE. IN VIEW OF THE ABOVE, WE PROPOSE TO WITHDRAW THE CAPTIONED APPEAL WITH A LIBERTY TO HAVE THE APPEAL RESTORED IN CASE THE VSV APPLICATI ON IS ULTIMATELY NOT SUCCESSFUL. WE HOPE YOUR HONOUR WOULD DO THE NEEDFUL AND OBLIGE. 3. ON A PERUSAL OF THE ABOVE LETTER FILED BY THE ASSESSEE AND ENCLOSED COPY OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UN DER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN TH E RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 19 .05.2021. SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 1 9 .05 .2021 GIRIDHAR, SR.PS 3 ITA NO. 3202/MUM/2019 (A.Y: 2015 - 16) LOTUS SURGICALS PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM