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

ITA 357/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7581 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 15-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: HETAL VORALD

Judgement Text

ITA NO.357/MUM/2018 NIRMAL BOT LTD. ASSESSMENT YEAR: 2011-12 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.357/MUM/2018 ( / ASSESSMENT YEAR: 2011-12) NIRMAL BOT LTD. 316-317, C-WING, KANAKIA ZILLION LBS ROAD, BKC ANNEX KURLA WEST, MUMBAI-400 070. / VS. A CIT - 15 (2) (1) AAYKAR BHAWAN, M.K. ROAD MUMBAI-400 020. '# ./ ./PAN/GIR NO. AACCN-3935-A ( #% /APPELLANT ) : ( &'#% / RESPONDENT ) ASSESSEE BY : MS. HETAL VORA-LD. AR REVENUE BY : SHRI THARIAN OOMMEN- LD. DR / DATE OF HEARING : 20/01/2021 / DATE OF PRONOUNCEMENT : 20/01/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEA R 2011-12, CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHO RITY WITH RESPECT TO CONFIRMATION OF CERTAIN PENALTY U/S 271(1)(C). 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, PLA CED ON RECORD LETTER DATED 19/01/2021 AND SUBMITTED THAT THE ASSE SSEE HAS ALREADY OPTED FOR SETTLEMENT OF DISPUTE UNDER DIREC T TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 AND FILED REQUISITE DECLARATIONS THEREIN. THE LD. AR ALSO SUBMITTED THA T THE APPEAL ITA NO.357/MUM/2018 NIRMAL BOT LTD. ASSESSMENT YEAR: 2011-12 2 MAY BE DISMISSED AS WITHDRAWN BUT WITH A LIBERTY TO ASSESSEE TO SEEK RESTORATION IN CASE THE AFORESAID DECLARATION IS NOT ACCEPTED. THE LD. DR DID NOT OBJECT TO THE SAME. 3. IN VIEW OF FOREGOING, THE APPEAL STANDS DISMISSE D AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTOR ATION OF THIS APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDE R THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 20 TH JANUARY, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 20/01/2021 SR.PS, JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. #% / THE APPELLANT 2. &'#% / THE RESPONDENT 3. ! !- ( ) / THE CIT(A) 4. ! !- / CIT CONCERNED 5. ./& ) 0 , ! 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.