M/S NAHAR GEMS, Mumbai V. ACIT 19(2)(4), Mumbai

ITA 3758/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7579 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 22 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: 29-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: KAPIL JAINLD

Judgement Text

ITA NO.3758/MUM/2019 NAHAR GEMS 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.3758/MUM/2019 ( / ASSESSMENT YEAR: 2011-12) NAHAR GEMS 103, RATANDEEP BUILDING 76/78 JSS ROAD, OPERA HOUSE MUMBAI-400 004. / VS. INCOME TAX OFFICER - 1 9 (2) ( 4 ) 2 ND FLOOR, MATRU MANDIR GRANT ROAD WEST MUMBAI-400 007. '# ./ ./PAN/GIR NO. AADFN-0906-H ( #% /APPELLANT ) : ( &'#% / RESPONDENT ) ASSESSEE BY : SHRI KAPIL JAIN-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 YEAR 2011-12, CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHO RITY ON CERTAIN GROUNDS. 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 DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 AND FILED REQUISITE DECLARATIONS THEREIN. THE LD. A R ALSO SUBMITTED THAT THE APPEAL MAY BE DISMISSED AS WITHDRAWN BUT ITA NO.3758/MUM/2019 NAHAR GEMS ASSESSMENT YEAR: 2011-12 2 WITH A LIBERTY TO ASSESSEE TO SEEK RESTORATION IN C ASE THE AFORESAID DECLARATION IS NOT ACCEPTED. THE LD. DR DID NOT OBJ ECT 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 IN VIEW OF FOREGOING, THE APPEAL STANDS DISMISSE D AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTOR ATION OF THIS APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDE R THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS.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 THE APPEAL STANDS DISMISSED AS WITHDRAWN.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.