DCIT- 13 (1) (1), MUMBAI V. NIRBHAY ENTERPRISES PVT LTD, MUMBAI

ITA 4179/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1482 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 10-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Assessee Lawyers: KARANCHAND KANKARIA
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 4179/ MUM/ 20 19 ( ASSESSMENT YEAR : 2014 - 15 ) & ITA NO. 4180/ MUM/ 2019 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT 13(1)(1), ROOM NO.218, 2 ND FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400020 VS. M/S. NIRBHAY ENTERPRISES PVT. LTD., 33, DHRINAMAN PLAZA BEHIND SHOPPERS STOP KALICHAND PATH S.V.ROAD, KANDIWALI (W) MUMBAI 400 067 PAN/GIR NO. AAACN5146P (APPELLANT ) .. (RESP ONDENT ) ASSESSEE BY SHRI KARANCHAND KANKARIA REVENUE BY SHRI THARIAN OOMMEN DATE OF HEARING 11 / 02 /202 1 DATE OF PRONOUNCEMENT 11/02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : TH ESE APPEAL S IN ITA NO. 4179/MUM/2019 & 4180/MU M/2019 FOR A.Y. 2014 - 15 & 2013 - 14 RESPECTIVELY ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 21, MUMBAI IN APPEAL NO. CIT(A) - ITA NO S . 4179/MUM/2019 & 4180/MUM/2019 M/S. NIRBHAY ENTERPRISES PVT. LTD., 2 21/DCIT - 13(1)(1)/IT - 322/2016 - 17 & CIT(A) - 21/DCIT - 13(1)(1)/IT - 139/2016 - 17 RESPECTIVELY DATED 28/02/ 201 9 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 28/10/2016 & 26/03/2016 RESPECTIVELY BY THE LD. DY. COMMISSIONER OF INCOME TAX CIRCLE 13(1)(1), MUMBAI (HEREINAFTER REFER RED TO AS LD. AO). 2. ASSESSEE VIDE ITS AUTHORISED REPRESENTATIVES LETTERS DATED 08/02/2021, PRAYED FOR WITHDRAW AL OF APPEALS IN 4179/MUM/2019 & 4180/MUM/2018 . FOR THE SAKE OF CONVENIENCE, THE LETTERS ARE REPRODUCED HEREUNDER: - ITA NO S . 4179/MUM/2019 & 4180/MUM/2019 M/S. NIRBHAY ENTERPRISES PVT. LTD., 3 3. LD. DR HAS NOT RAI SED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS, ESPECIALLY THE APPLICATION FOR WITHDRAWAL OF THE APPEAL S . WE FIND THAT ASSESSEE HAD PREFERRED APPLICATION UNDER VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE ITS TAX DISPUTE FOR THE I MPUGNED ASSESSMENT YEAR. HENCE, THERE IS NO POINT IN KEEPING THIS APPEAL S PENDING IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020 . ACCORDINGLY, WE TREAT THESE APPEAL S OF THE REVENUE AS WITHDRAWN GIVING LIBERTY TO THE ASSESSEE THAT IN CASE IF THE ITA NO S . 4179/MUM/2019 & 4180/MUM/2019 M/S. NIRBHAY ENTERPRISES PVT. LTD., 4 DECLARATION FILED BY IT UNDER VIVAD SE VISWAS SCHEME - 2020 DOES NOT ATTAIN LOGICAL CONCLUSION FOR ANY REASON WHATSOEVER, THEN THIS APPEAL SHALL GET RESTORED TO ITS ORIG INAL FORM BASED ON THE APPLICATION PREFERRED BY THE ASSESSEE IN THIS REGARD. WITH AFORESAID OBSERVATIONS, THIS APPEALS OF THE REVENUE ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL S OF THE REVENUE ARE DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 11 / 02 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 11 / 02 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT . REGISTRAR) ITAT, MUMBAI 1. THE A PPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//