SAGAR CONSTRUCTIONS , MUMBAI V. ACIT-32(3), MUMBAI

ITA 4419/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3335 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 27-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Section: 13; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G , MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER ITA NO. 4419/MUM/2019 ASSESSMENT Y EAR: 2012 - 13 & ITA NO. 4420/MUM/2019 ASSESSMENT Y EAR: 2014 - 15 SAGAR CONSTRUCTIONS, C - 402, GOKUL DIVINE, IRLA S.V. ROAD, VILE PARLE (WEST), MUMBAI - 400056 PAN: AAGFS8539N VS. ACIT - 32(3), 108, PRATYAKSHAKAR BHAVAN, C - 11, BKC, BANDRA (WEST), MUMBAI - 400051 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VIMAL PUNMIYA (AR) REVENUE BY : SHRI PANKAJ KUMAR (DR ) DATE OF HEARING : 06/10 /202 1 DATE OF PRONOUNCEMENT: 06 / 10 /202 1 O R D E R PER SAKTIJIT DEY , JM CAPTIONED APPEAL S BY THE ASSESSEE ARISE OUT OF TWO SEPARATE ORDERS , BOTH DATED 06.05.2019 , OF LEARNED COMMISS IONER OF INCOME TAX (APPEALS) - 44 , MUM BAI FOR THE ASSESSMENT YEAR S 20 12 - 13 AND 2014 - 15 . 2. WHEN THE APPEAL S WERE TAKEN UP FOR HEARING, SHRI VIMAL PUNMIYA, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE , ON INSTRUCTION , REQUESTED FOR WITHDRAWAL OF THE APPEALS. HE SUBMITTED, THE ASSESSEE HA S O PTED FOR SETTLING THE DISPUTE ARISING IN THE APPEAL S UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2 ITA NO S . 4419 & 4420 / MUM/2019 ASSESSMENT YEAR S : 20 12 - 1 3 & 2014 - 15 2020 AND HAS ALSO RECEIVED T HE CERTIFICATE S ISSUED BY THE DESIGNATED AUTHORITY IN FORM 3. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT OBJECT TO THE AFORESAID REQUEST OF THE ASSESSEE. 4. IN VIEW OF THE FACTS DISCUSSED ABOVE AND CONSIDERING ASSESSEES REQUEST, WE PERMIT THE AS SESSEE TO WITHDRAW THE PRESENT APPEAL S . ACCORDINGLY, APPEALS ARE DISMISSED AS WITHDRAWN. HOWEVER, IF FOR ANY UNFORESEEN CIRCUMSTANCES, ASSESSEES DECLARATION S UNDER THE VIVAD SE VISHWAS SCHEME ARE NOT ACCEPTED BY THE REVENUE LEADING TO NON - SETTLEMENT OF TH E DISPUTE, WE GRANT LIBERTY TO THE ASSESSEE TO SEEK RESTORATION OF THE APPEALS. 5. IN THE RESULT, APPEAL S ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH OCTOBER , 2021 . SD/ - SD/ - ( M. BALAGANESH ) ACCOUNTANT MEMBER (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI ; DATED: 06 / 10 /202 1 ALINDRA, PS / 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 . 3 ITA NO S . 4419 & 4420 / MUM/2019 ASSESSMENT YEAR S : 20 12 - 1 3 & 2014 - 15 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI