DCIT-2(2)(1), Mumbai V. M/S LIC HOUSING FINANCE LTD., Mumbai

ITA 3994/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7730 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 04-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3)

Judgement Text

ITA NO.3994/MUM/2019 A.Y. 2013 - 14 DCIT - 2(2)(1) VS. M/S LIC HOUSING FINANCE LTD. 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.3994 /MUM/2019 (ASSESSMENT YEAR: 2013 - 14 ) DCIT - 2(2)(1) ROOM NO. 545, 5 TH FLOOR, AAYAKAR BHAVAN, MUMBAI 400 020 VS. M/S LIC HOUSING FINANCE LTD. 18, 2 ND FLOOR, ALL CHAMBERS, NAGINDAS MASTER ROAD, MAHARASHTRA 400 001 PAN NO. AAACL1799C (REVENUE) (ASSESSEE) ASSESSEE BY : WITHDRAWAL REQUEST LETTER DATED 20.08 .2021 REVENUE BY : SHRI BRAJENDRA KUMAR, SR. D.R DATE OF HEARING : 23/08 /2021 DATE OF PRONOUNCEMENT : 23 /08 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 5, MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 144C(3) OF THE INCOME - TAX ACT, 1961, DATED 30.11.2016 FOR ASSESS MENT YEAR 2013 - 14. 2. THE ASSESSEE HAS FILED BEFORE US A LETTER DATED 20 TH AUGUST , 2021, WHEREIN IT IS STATED THAT IT HA S FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MAT TER PENDING BEFORE THE TRIBU NAL AND HAS RECEIVED THE CERTIFICATE UNDER SUB - SECTION (1) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLO SED ALONGWITH ITS LETTER FORM 5 ISSUED BY THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY BE DIRECETED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.3994/MUM/2019 A.Y. 2013 - 14 DCIT - 2(2)(1) VS. M/S LIC HOUSING FINANCE LTD. 2 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 IN VIEW OF THE ABOVE , WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE REVENUE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, T HE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 23 /0 8 /2021 SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 23 .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