DCIT-1(1)(2), Mumbai V. M/S HINDUSTAN PETROLEUM CORPORATION LTD., Mumbai

ITA 3911/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0685 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2015-2016
• Appeal Filed On: 31-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Assessee Lawyers: ASAVARI KADAM
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H , MUMBAI BEFORE S HRI SAKTIJIT DEY (J M ) & SHRI N. K. PRADHAN (AM) ITA NO. 3911 /MUM/201 9 ASSESSMENT Y EAR: 2015 - 16 & ITA NO. 3913 /MUM/2019 ASSESSMENT Y EAR: 2014 - 15 & ITA. NO.4579/MUM/2019 ASSESSMENT YEA R:2014 - 15 DCIT, CIRCLE 1(1)(2) AAYAKAR BHAVAN, MAHARISHI KARVE ROAD, MUMBAI - 4 00020. VS. HINDUSTAN PETROLEUM CORPORATION LTD. 17, PETRO LEUM HOUSE, JAMSHEDJI TATA ROAD CHURCHGATE, MUMBAI - 400020 . PAN: AAACH1118B ITA. NO.3195/MUM/2019 ASSESSMENT YEAR: 2014 - 15 & ITA NO. 3196 /MUM/201 9 ASSESSMENT YEAR: 2015 - 16 HINDUSTAN PETROLEUM CORPORATION LTD. 17, PETRO LEUM HOUSE, JAMSHEDJI TATA ROAD CHURCHGATE, MUMBAI - 400020. PAN: AAACH1118B VS. DCIT, CIRCLE 1(1)(2) AAYAKAR BHAVAN, MAHARISHI KARVE ROAD, MUMBAI - 40 0020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI ASAVARI KADAM (AR) REVENUE BY : SHRI GURBINDER SINGH (DR ) SHRI VINAY SINHA (DR) DATE OF HEARING: 15/02 /202 1 DATE OF PRONOUNCEMENT: 15 / 0 2 /202 1 2 ITA NO. 3911 , 3913 & 4579 / MUM/201 9 ITA. NO.3195 & 3196 /MUM/2019 ASSESSMENT YEAR S : 2014 - 15 & 2015 - 16 O R D E R PER BENCH THESE FIVE APPEAL S , THREE BY REVENUE AND TWO BY ASSESSEE , ARISE OUT OF THREE SEPARATE ORDERS OF LEARNED COMMISSIO NER OF INCOME TAX (APPE ALS) 02 , MUMBAI FOR THE A SSESSMENT Y EARS 2014 - 15 AND 201 5 - 16 . 2. THE GENERAL MANAGER - DIRECT TAX OF THE ASSESSEE COMPANY HAS FILED LETTER S DATED 12 TH FEBRUARY, 2021 STATING THAT THE ASSESSEE HAD OPTED FOR SETTLING THE DISPUTE ARISING IN ALL THE SE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 BY FILING DECLARATION S AND THE DESIGNATED AUTHORITY ACCEPTING ASSESSEE S DECLARATION S HAS ISSUED CERTIFICATE IN FORM NO - 3. T HEREFORE, HE HAS REQUESTED FOR TREATING THE APPEALS AS WITHDRAWN. THE DECLARATIO N S FORM NO - 1 & 2 AS WELL AS CERTIFICATE S ISSUED IN FORM NO - 3 HAVE ALSO BEEN ATTACHED TO THE AFORESAID LETTER S . THE LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE ALSO MADE SIMILAR REQUEST BEFORE US TO TREAT THE APPEAL S AS WITHDRAWN. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE S HAVE NO OBJECTION FOR DISMISSAL THE APPEALS AS WITHDRAWN. 4. IN VIEW OF THE FACTS DISCUSSED ABOV E, WE ARE INCLINED TO DISMISS ALL THE SE APPEALS AS WITHDRAWN . IN THE RESULT, APPEAL S FILED BY THE REVENUE AS WELL AS ASSESSEE ARE DISMISSED . ORDER PRONOU NCED IN THE OPEN COURT ON 15 TH , FEBRUARY , 2021 SD/ - SD/ - ( N.K. PRADHAN ) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 15 / 02 / 202 1 VIJAY PAL SINGH (SR. PS) 3 ITA NO. 3911 , 3913 & 4579 / MUM/201 9 ITA. NO.3195 & 3196 /MUM/2019 ASSESSMENT YEAR S : 2014 - 15 & 2015 - 16 / 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 OR DER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI