LAVASA DIAMONDS, MUMBAI V. ITO 30(2)(2), MUMBAI

ITA 420/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3640 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 19-01-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR LD
• Assessee Lawyers: NINAND PATADELD
• Section: 143(3)

Judgement Text

ITA NO.420/MUM/2017 M/S. LAVASA DIAMONDS ASSESSMENT YEAR: 2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.420/MUM/2017 ( / ASSESSMENT YEAR : 2012-13) M/S. LA VASA DIAMONDS A-1001, KEVAL TOWER 10 TH FLOOR, B.J. PATEL MARG OFF, MARVE ROAD OPP. SNDT COLLEGE, MALAD EAST, MUMBAI-400 064 / VS. I TO - 30(2)(2) PRATYAKSHKAR BHAVAN BANDRA KURLA COMPLEX BANDRA EAST, MUMBAI-400 051 *+ ./ ./PAN/GIR NO. AADFL-0668-C ( +- /APPELLANT ) : ( ./+- / RESPONDENT ) ASSESSEE BY : SHRI NINAND PATADE-LD.AR REVEN UE BY : SHRI BRAJENDRA KUMAR-LD.DR / DATE OF HEARING : 24/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR 2012-13 CONTEST THE ORDER OF LEARNED FIRST APPELLATE AUTHOR ITY ON CERTAIN GROUNDS OF APPEAL. THE ASSESSMENT WAS FRAMED BY LD. ASSESSING OFFICER U/S 143(3) ON 30/03/2015. ITA NO.420/MUM/2017 M/S. LAVASA DIAMONDS ASSESSMENT YEAR: 2012-13 2 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, SUB MITTED THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF DISPUT E UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 FOR THE YEAR UNDER CONSIDERATION AND THEREFORE, THE APPEAL MAY BE TREA TED AS WITHDRAWN. 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 IN VIEW OF FOREGOING, THE APPEAL STANDS DISMISSE D AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTORATION OF T HE APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 03 RD MARCH, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. +- / THE APPELLANT 2. ./+- / THE RESPONDENT 3. 6 ( ) / THE CIT(A) 4. 6 / CIT CONCERNED 5. 78.19 , 9 , / DR, ITAT, MUMBAI 6. 8:;< / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.