FAIR DEAL EQUIRESEARCH & REALTORS PVT. LTD.(NOW CONVERTED INTO FAIR DEAL EQUIRESEARCH & REALTORS LLP), MUMBAI V. PR. CIT-3, MUMBAI

ITA 3285/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5655 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 16-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 3285 / MUM/ 201 9 ( / ASSESSMENT YEAR: 20 09 - 10 ) FAIR DEAL EQUIESEARCH & REALTORS PVT. LTD. (NOW CONVERTED INTO FAIR DEAL EQUIRESEARCH & REALTORS LLP) 1108, DALAMAL TOWER, FREE PRESS JOURNAL MARG, NARIMAN POINT, MUMBAI - 400021 . / VS. PR. CIT - 3 6 TH FLOOR, ROOM NO.612, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AABCF 2782 J ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 27 / 01 / 20 2 1 /DATE OF PRONOUNCEMENT: 27 / 01 / 20 21 / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 29 . 0 3 .201 9 PASSED BY THE PR. COMMISSIONER OF INCOME TAX - 3 MUMBAI [HEREINA FTER REFERRED TO AS THE PR. CIT]. RELEVANT TO THE A.Y.2009 - 10 . 2 . WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHD RAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS ASSESSEE BY : SHRI HIRALAL SHAH REVENUE BY: MS. USHA GAIKWAD ITA NO. 3285 /M/20 1 9 A.Y.20 09 - 10 2 WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3 . THE LD. DR HAS NO OBJECTION TO THE ABOVE. 4 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5 . IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 27 / 01 /2 02 1 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 27 / 01 / 202 1 V IJAY PAL SINGH /SR.PS / 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// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI