BAB DEVELOPERS PVT. LTD., MUMBAI V. ITO 2 (1)(1), MUMBAI

ITA 4252/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1049 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: misc
• Appeal Filed On: 14-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4252 / / 2019 (%. .2014-15 ) ITA NO. 4252/MUM/2019 (A.Y.2014-15) BAB DEVELOPERS PRIVATE LIMITED, 144 VT MANSION, PERIN NARIMAN STREET, FORT, MUMBAI 400 001 PAN:AACCB 1833F / VS. : / APPELLANT INCOME TAX OFFICER 2(1)(1) ROOM NO.561, 5 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, M.K.ROAD, MUMBAI 400 020. : / RESPONDENT ASSESSEE BY : NONE ( OPTED FORVSVS) REVENUE BY : MS. SMITA VERMA / DATE OF HEARING : 10/12/2020 / DATE OF PRONOUNCEMENT : 10/12/2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-4, MUMBAI ( IN SHORT THE CIT(A)) DATED24/05/2019 FOR THE ASSESSMENT YEAR 2014-15. 2. A REQUEST LETTER DATED 04/12/2020 HAS BEEN REC EIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE COMPANY HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND HENCE, DOES NOT WANT TO LITIGATE 2 ITA NO. 4252/MUM/2019 (A.Y.2014-15) FURTHER. THE RELEVANT EXTRACT OF THE AFORESAID LET TER IS REPRODUCED HEREIN BELOW: RESPECTED MADAM/SIR, RE TRIBUNAL APPEAL NO.ITA 4252/MUM/2019 HEARING BENCH SMC PAN NO.AACCB1833F ASSESSMENT YEAR 2014-15 THE UNDERSIGNED DIRECTOR WISHES TO STATE THAT THE COMPANY HAS GONE FOR VIWAD SE VISHWAS SCHEME BILL 2020 AND HAS ALREADY RECEIVED F ORM-3 FROM PCIT, MUMBAI -2. WE ARE ATTACHING HEREWITH THE SAME FOR YOUR REFERENCE. HENCE WE WISH TO STATE THAT WE DO NOT WANT TO LITIG ATE THE MATTER FURTHER. THANKING YOU, YOURS FAITHFULLY SD/- B.Z.BHATHENA DIRECTOR. 3. MS. SMITA VERMA, REPRESENTING THE DEPARTMENT S TATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF ABOVE REQUEST, THE ASSESSE E IS ALLOWED TO WITHDRAW THE APPEAL. THUS, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO RESTORE TH E APPEAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO REST ORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEP TED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NA NNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10 /2020 BY HONBLE MADRAS HIGH COURT] 3 ITA NO. 4252/MUM/2019 (A.Y.2014-15) 6. THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRA WN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, THE 10 TH DAY OF DECEMBER, 2020. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 10/12/2020 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI