UTTAM GALVA STEELS LTD, MUMBAI V. DCIT CEN CIR 37, MUMBAI

ITA 3536/MUM/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1459 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SHRI RAHUL HAKANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI , ! !.#$% ,( ) BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER . 3496 / / 2016 (. .2006-07 ) ITA NO. 3496/MUM/2016 (A.Y.2006-07) . 3534 - 3535 / / 2017 (. .2007-08 & 2008-09 ) ITA NO. 3534 - 3535/MUM/2017 (A.Y.2007-08 & 2008-09 ) . 3495 / / 2016 (. .2009-10 ) ITA NO. 3495/MUM/2016 (A.Y.2009-10) . 3536- 3538 / / 2017 (. .2010-11 TO 2012-13 ) ITA NO. 3536 - 3538/MUM/2017 (A.Y.2010-11 TO 2012-1 3) UTTAM GALVA STEELS LIMITED, UTTAM HOUSE, 69 P. DMELLO ROAD, CARNAK BUNDER, MUMBAI 400 009 PAN: AAACU1710C .......... / APPELLANT VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-37, MUMBAI. ......... / RESPONDENT ASSESSEE BY : SHRI SHRI RAHUL HAKANI REVENUE BY : SHRI SUNIL JHA '-. / DATE OF HEARING : 03/12/2020 /01 -. / DATE OF PRONOUNCEMENT : 03/12/2020 2 UTTAM GALVA STEELS LIMITED / ORDER PER BENCH: THESE SEVEN APPEALS FOR ASSESSMENT YEARS 2006-07 T O 2012-13, RESPECTIVELY ARE BY THE ASSESSEE . THE APPEALS FOR ASSESSMENT YEARS 2006-07 AND 2009-10 ARE DIRECTED AGAINST THE ORDERS OF COMMISSIONER OF INCO ME TAX (APPEALS)-53, MUMBAI (IN SHORT THE CIT(A) ). BOTH THE IMPUGNED ORDERS ARE DATED 29/02/2016. THE OTHER FIVE APPEALS FOR ASSESSMENT YEARS 2007-08, 2008-09 AND 2 010-11 TO 2012-13, RESPECTIVELY ARE DIRECTED AGAINST THE ORDERS OF CIT(A) -58, MUMB AI. THE IMPUGNED ORDERS FOR ALL FIVE ASSESSMENT YEARS ARE OF EVEN DATE I.E. 15/02/2 017. 2. SHRI RAHUL HAKANI APPEARING ON BEHALF OF THE ASS ESSEE SUBMITTED THAT THE ASSESSEE IS OPTING FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHO RT VSVS). THEREFORE, THE ASSESSEE VIDE LETTER DATED 2 ND DECEMBER, 2020 HAS PRAYED FOR WITHDRAWAL OF APPEAL S. THE CONTENTS OF THE LETTER READS AS UNDER:- SUB: WITHDRAWAL OF APPEALS REF: ITAT APPEALS DEAR SIR, IN RESPECT OF THE ABOVE, DURING THE COURSE OF TODA YS HEARING I.E. 2 ND DECEMBER, 2020 WE ARE WRITING THIS LETTER TO YOUR HONOUR THAT WE H AVE FILED APPLICATIONS FOR VIVAD SE VISHWAS SCHEME FOR THE FOLLOWING APPEALS. THE DETAILS OF T HE SAME ARE AS UNDER. SR. NO. APPEAL NO. ASSESSMENT YEAR DATE OF FILING OF APPEAL 1. 3496/M/2016 2006-07 19/05/2016 2. 3534/M/2017 2007-08 15/05/2017 3. 3535/M/2017 2008-09 15/05/2017 4. 3495/M/2016 2009-10 19/05/2016 5. 3536/M/2017 2010-11 15/05/2017 6. 3537/M/2017 2011-12 15/05/2017 7. 3538/M/2017 2012-13 15/05/2017 WE HAVE RECEIVED FORM NO.3 FROM THE COMMISSIONER OF INCOME TAX-CENTRAL III ON 14 TH SEPTEMBER,2020. IN VIEW OF THE SAME WE WANT TO WIT HDRAW THE ABOVE APPEALS FILED BY US. YOU ARE HEREBY REQUESTED TO WITHDRAW ALL THE APPEAL S MENTIONED ABOVE. 3 UTTAM GALVA STEELS LIMITED PLEASE DO THE NEEDFUL. THANKING YOU, YOURS TRULY, FOR UTTAM GALVA STEELS LIMITED SD/- AUTHORIZED SIGNATORY. 3. SHRI SUNIL JHA, REPRESENTING THE DEPARTMENT STAT ED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO WITHDRAW APPE ALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE PRAYER MADE BY THE ASSESS EE, THE ASSESSEE IS ALLOWED TO WITHDRAW AFOREMENTIONED APPEALS. THUS, THE APPEALS OF ASS ESSEE ARE DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO RESTORE TH E APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEALS IN THE EVEN T ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLI NG THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAYED COMMUNICATION OF OUTCOME UNDER V SVS [RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECID ED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT] 6. THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHD RAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, THE 3 RD DAY OF DECEMBER, 2020. SD/- SD/- (S.RIFAUR RAHMAN ) (VIKAS AW ASTHY) ( / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 3'/ DATED 03 /12/2020 VM , SR. PS(O/S) 4 UTTAM GALVA STEELS LIMITED COPY OF THE ORDER FORWARDED TO : 1. 4 / THE APPELLANT , 2. 5. / THE RESPONDENT. 3. 6. ( )/ THE CIT(A)- 4. 6. CIT 5. 785.' , . . . , / DR, ITAT, MUMBAI 6. 89:$; / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI