M/S NUTAN STEEL INDUSTRIES, Mumbai V. ITO 19(2)(4), Mumbai

ITA 4906/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4505 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 24-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: DEEPALI WAKLIWAL

Judgement Text

1 ITA 4906/MUM/2019 THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) I.T.A. NO.4906/MUM/2019 (ASSESSMENT YEAR : 2011-12) M/S NUTAN STEEL INDUSTRIES 92/94, ARDESHIR DADY STREET MUMBAI PAN : AAGFN6623C VS INCOME-TAX OFFICER-19(2)(4), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY MS. DEEPALI WAKLIWAL, (AR) RESPONDENT BY SMT. SMITA VERMA, (DR) DATE OF HEARING 02 -02-2021 DATE OF PRONOUNCEMENT 02/02/2021 O R D E R PER SAKTIJIT DEY, JM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 20-06-2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-7, MUMBAI FOR THE ASSESSMENT YEAR 2011-12. 2. THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED, THE ASSESSEE HAS FILED DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL. HOWEVER, SHE SUBMITTED, THE DESIGNATED AUTHORITY HAS NOT YET ISSUED FORM NO.3. ON A SUGGESTION FROM THE BENCH, THE LEARNED 2 ITA 4906/MUM/2019 AUTHORISED REPRESENTATIVE FAIRLY ACCEPTED FOR WITHDRAWAL OF THE APPEAL SO LONG AS ASSESSEE IS GRANTED LIBERTY TO SEEK RESTORATION OF THE APPEAL IN CASE OF NON- ACCEPTANCE OF THE DECLARATION BY THE DEPARTMENT. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 3. I HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED MATERIALS ON RECORD. KEEPING IN VIEW THE FACT THAT THE ASSESSEE HAS ALREADY FILED DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL, I AM INCLINED TO DISMISS THE APPEAL AS WITHDRAWN. HOWEVER, IN THE UNLIKELY EVENT OF ASSESSEES DECLARATION NOT BEING ACCEPTED BY THE DEPARTMENT, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RECALL OF THIS ORDER AND RESTORATION OF THE APPEAL. 4. IN THE RESULT, APPEAL IS DISMISSED WITH AFOREMENTIONED LIBERTY. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 02 /02/2021. SD/- (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI, DATED : 02/ 02/2021. PAVANAN, SR.P.S (ON CONTRACT)