S BRIJLAL PROPERTIES PVT. LTD., MUMBAI V. ITO 8 (1) (4), MUMBAI

ITA 4682/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6526 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 10-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Assessee Lawyers: N O N E
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 4682 /MUM/2019 (A.Y: 201 3 - 14) S . BRIJLAL PROPERTIES PVT. LTD., 1/2 , GROUND F LOOR NARSING C.H.S . L TD., 4 TH R OAD, O PP. CORPORATION BANK K HAR (W ) , MUMBAI - 400052 PAN: AAECS9168E V. INCOME TAX OFFICER - 8 (1 ) ( 4 ) ROOM NO. 662 AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : N ONE DEPARTMENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 20 .01.2021 DATE OF PRONOUNCEMENT : 20 .01.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 14 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 26.04.2019 FOR THE A.Y . 201 3 - 14. 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 18 TH JANUARY, 2021 AND SUBMITTED AS UNDER: - THE ABOVE NOTED APPEAL IS SCHEDULED FOR HEARING ON 20 TH JANUARY, 2021 BEFORE THE HON'BLE INCOME TAX APPELLATE TRIBUNAL, MUMBAI. 2 ITA NO. 4682 /MUM/2019 (A.Y: 201 3 - 14) S . BRIJLAL PROPERTIES PVT. LTD., IN THIS REGARD, WE RESPECTFULLY SUBMIT THAT WE HAVE FILED DECLARATION IN FORM 1 AND FORM 2 UNDER VIVAD SE VISHWAS ACT, 2020 (THE ACT) AND HAVE ALSO RECEIVED CERTIFICATE IN FORM 3 FROM THE DESIGNATED AUTHORITY UNDER SECTION 5(1) DETERMINING THE AMOUNT PAYAB LE UNDER THE ACT (THE COPY OF THIS CERTIFICATE IS ATTACHED FOR YOUR HONOUR'S PERUSAL). IN PURSUANCE OF THE SAID CERTIFICATE, WE HAVE PAID THE REQUISITE DUES (COPY OF THE CHALLAN IS ENCLOSED HEREWITH). AS PER SECTION 4(2) OF THE ACT, UPON FILING THE DECLARA TION, ANY APPEAL PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL IN RESPECT OF THE DISPUTED INCOME OR DISPUTED INTEREST OR DISPUTED PENALTY OR DISPUTED FEE AND TAX ARREARS SHALL BE DEEMED TO HAVE BEEN WITHDRAWN FROM THE DATE ON WHICH CERTIFICATE UNDER SUB - SECTION (1) OF SECTION 5 IS ISSUED BY THE DESIGNATED AUTHORITY. HOWEVER, FORM 4 NOTIFIED UNDER THE VIVAD SE VISHWAS RULES, 202 0 EXPLICITLY REQUIRES THE PROOF OF WITHDRAWAL OF APPEAL TO BE ATTACHED WITH THE INTIMATION OF PAYMENT TO THE DESIGNATED AUTHORITY. IN VIEW OF THE ABOVE, WE PRAY THAT THE ABOVE - MENTIONED APPEAL MAY KIND LY BE ALLOWED TO BE WITHDRAWN. 3. ON A PERUSAL OF THE ABOVE LETTER OF THE ASSESSEE AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAW AL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN VIRTUAL COURT ON 20.01.2021. SD / - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 20 / 01/2021 GIRIDHAR, SR.PS 3 ITA NO. 4682 /MUM/2019 (A.Y: 201 3 - 14) S . BRIJLAL PROPERTIES PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM