HILL GARDEN CO-OP HOUSING SOCIETY , MUMBAI V. ITO WARD-3(2), MUMBAI

ITA 4446/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1440 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2014-2015
• Appeal Filed On: 28-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 271(1)(c)

Judgement Text

ITA NO. 4446 /MUM/201 9 - A.Y. 2014 - 15 HILL GARDEN CO - OP HOUSING SOCIETY VS. ITO WARD 3(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 4446/MUM/2019 (ASSESSMENT YEAR: 2014 - 15) M/S HILL GARDEN CO - OP HOUSING SOCIETY; BARAVE VILLAGE, GODREJ HILL, KHADAKPADA, KALYAN (WEST) 421 301 VS. ITO - WARD 3(2), 2 ND FLOOR, RA NI MANSION, MURBAD ROAD, KALYAN (W) 421 301; DISTRICT : THANE . PAN NO. AAAAH4035 R (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL LETTER, DATED 02 .02.202 1 REVENUE BY : SHRI GURBIND E R SINGH , D.R DATE OF HEARING : 10 /02/2021 DATE OF PRONOUNCEMENT : 10 /02/2021 ORDER PER RAVISH SOOD, J.M : THE PRESENT APPEAL FILED BY THE A SSESSEE SOCIETY IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 1, THANE, WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF TH E INCOME - TAX ACT, 1961, DATED 26.04.2017 FOR ASSESSMENT YEAR 2014 - 15. 2. THE LD. AUTHORISED REPRE SENTATIVE (FOR SHOR T A.R) FOR THE ASSESSEE HAS FILED A LETTER ON 08 TH FEB RUARY, 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE T HE TRIBUNAL . IN SUPPORT OF HIS AFORESAID C LAIM THE ASSESSEE HAD ENCLOSED FORM NO. 1 & 2 AND FORM NO. 3 . IT IS STATED BY THE ASSESSEE SOCIETY THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSE SSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO. 4446 /MUM/201 9 - A.Y. 2014 - 15 HILL GARDEN CO - OP HOUSING SOCIETY VS. ITO WARD 3(2) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 10 /02/2021. SD/ - SD/ - (S. RIFAUR RAHMAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 10 .02.2021 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