M/S ORIENTAL WEAVING & PROCESSING MILLS PVT LTD, NAVI MUMBAI V. DCIT 10 (3)(1), MUMBAI

ITA 333/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8294 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 13-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 143(3); 22

Judgement Text

ITA NO.333/MUM/2020 A.Y. 2013 - 14 M/S ORIENTAL WEAVING & PROCESSING MILL PVT. LTD. VS. DCIT - 10(3)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.333/MUM/2020 (ASSESSMENT YEAR: 2013 - 14) M/S ORIENTAL WEAVING & PROCESSING MILLS PVT. LTD., D - 64, TTC INDUSTRIAL AREA, TURBHE, NAVI MUMBAI 400 705 VS. DCIT - 10(3)(1) 621/216A, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI 400 020 PAN NO. AAACP3167G (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL LETTER DATED 22 .06.2021 REVENUE BY : SHRI SANJAY J. SETHI, D.R DATE OF HEARING : 1 2 /08/2021 DATE OF PRONOUNCEMENT : 12 /08/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 17 , MUMBAI, DATED 30.04.2016, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASS ED BY THE A.O UNDER SEC. 143(3) O F T HE INCOME - TAX ACT, 1961 DATED 15.03.2016 F O R ASSESSMENT YEAR 2013 - 14 . 2. THE ASSESSEES COUNSEL HAS FILED A LETTER ON 22.06.2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS FILED AN APPLIC A TION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY BE ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POS ITION AS HAD BEEN 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO.333/MUM/2020 A.Y. 2013 - 14 M/S ORIENTAL WEAVING & PROCESSING MILL PVT. LTD. VS. DCIT - 10(3)(1) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 12 /08/2021. SD/ - SD/ - (S.RIFAUR RAHMAN) (R AVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 12 .08.2021 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