NIRMAL BOT LTD, MUMBAI V. ACIT 15(2)(1) , MUMBAI

ITA 3218/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7342 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 14-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Assessee Lawyers: HETAL VORA
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH , MUMBAI BEFORE SHRI MAHAVIR SINGH, VP AND SHRI MANOJ KUMAR AGGARWAL, AM ITA NO. 3218/MUM/2019 (ASSESSMENT YEAR 2012-13) NIRMAL BOT LIMITED C-316/317, KANAKIA ZILLION, LBS MARG, KURLA WEST, MUMBAI-400 070 VS. ACIT - 15(2)(1), ROOM NO. 357, 3 RD FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. (APPELLANT) (RESPONDENT) PAN NO. AACCN3935A APPELLANT BY : MS. HETAL VORA, AR RESPONDENT BY : SHRI THARIAN OOMMEN,CIT-DR DATE OF HEARING : 13.01.2021 DATE OF PRONOUNCEMENT : 13.01.2021 O R D E R PER MAHAVIR SINGH, VP: THIS APPEAL BY ASSESSEE IS ARISING OUT OF THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-24, MUMBAI [IN SHORT CIT(A)] I N APPEAL NO. CIT (A)- 24/ACIT-15(2)(1)/IT-431(1)/2017-18 VIDE ORDER DATED 01.02.2019. THE ASSESSMENT WAS FRAMED BY ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI (IN SHORT ACIT/ITO/AO) UNDER SECTION 143(3) READ WITH S ECTION 147 OF THE INCOME- TAX ACT, 1961 (HEREINAFTER THE ACT) FOR THE ASSES SMENT YEAR 2012-13 VIDE HIS ORDER DATED 27.12.2017. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE, MS. HETAL VORA FILED AN ADJOURNMENT PETITION STATING THAT THE ASSESSEE HAS FILED FORM NO. 1 & 2 BEFORE THE DESIGNATED AUTHORITY UNDER VIVAD SE VISHWAS SCH EME AND QUA THIS ASSESSEE PAGE | 2 ITA NO. 3218/MUM/2019 NIRMAL BOT LIMITED HAS MADE A MENTION IN ADJOURNMENT PETITION DATED 12 .01.2021. THE SAME READS AS UNDER: UNDER INSTRUCTIONS FROM OUR CLIENTS, WE WISH TO SUB MIT THAT THE COMPANY HAS FILED FORM 1 AND FORM 2 UNDER THE VIVAD SE VISHWAS SCHEME ON DECEMBER 22,, 2020 WHICH IS UNDER PROCESS FOR DISPOSAL. 3. WHEN THESE FACTS WERE CONFRONTED TO LD. CIT-DR, HE STATED THAT THE TRIBUNAL CAN TAKE DECISION. 4. IN VIEW OF THE ABOVE, AFTER HEARING BOTH THE SID ES AND GOING THROUGH THE FACTS, WE DISMISS THIS APPEAL AS WITHDRAWN, SUBJECT TO ASS ESSEES RIGHT FOR REVIVAL OF THE APPEAL IN CASE DUE TO SOME UNFORESEEN REASONS, THE MATTER IS NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. THE ASSESSEE IS AT LIB ERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL IN THAT EVENT. THIS I SSUE IS SETTLED BY HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) VS. ACIT (TCA NO. 372 OF 2920, ORDER DATED 16.10.2020) WHEREIN ON IDENTIC AL CIRCUMSTANCES, THE ASSESSEES APPEAL WAS DISMISSED AS WITHDRAWN. RESPE CTFULLY FOLLOWING THE HONBLE MADRASH HIGH COURT IN THE CASE OF M/S NANNU SAMY MOHAN (HUF) VS. ACIT (SUPRA), WE DISMISSED THE APPEAL OF THE ASSESS EE AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 13.01.20 21 SD/- SD/- MANOJ KUMAR AGGARWAL (MAHAVIR SINGH) (ACCOUNTANT MEMBER) (VICE PRESIDENT) MUMBAI, DATED: 13.01.2021 SK.PS COPY OF THE ORDER FORWARDED TO : PAGE | 3 ITA NO. 3218/MUM/2019 NIRMAL BOT LIMITED 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. ' / GUARD FILE. BY ORDER, //TRUE COPY// (ASSTT.REGISTRAR) ITAT, MUMBAI