KAYCEE DIAMONDS, MUMBAI V. ACIT 19(2)`, MUMBAI

ITA 5209/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1512 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 08-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SREENIV A SA RAGHVAN
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 5209 /MUM/2019 (A.Y: 20 09 - 10 ) M /S. KAYCEE DIAMONDS DE 8090 B BHARAT D IAMOND BO URSE BANDRA KURLA COMPLEX BANDRA(E) , MUMBAI - 400051 PAN: AAAFK1975 V. ACIT 19(2) 2 ND FLOOR MATRU MANDIR , TARDEV ROAD MUMBAI 400 007 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI SREENIV A SA RAGHVAN DATE OF HEARING : 1 2.02.2021 DATE OF PRONOUNCEMENT : 12.02.2021 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) - 29 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 13.06.2019 FOR THE A.Y . 20 09 - 10. 2. ASSESSEE FILED A LETTER DATED 01 ST F EBRUARY, 2021 AND SUBMITTED AS UNDER: - 2 ITA NO. 5209 /MUM/2019 (A.Y: 20 09 - 10 ) M /S. KAYCEE DIAMONDS SUB: ITA 5209 / MUM / 2019 DATED: 08.08.2019. REF: NOTICE U/S 250 FOR KAYCEE DIAMONDS. A.Y. 2009 - 10 PAN NO. AAAFK1975E WITH REFERENCE TO ABOVE, WE HEREBY INFORM YOU THAT WE HAVE ALREADY FILED FORM 1 IN VSV SCHEME FOR AY 2009 - 10. WE FURTHER STATE THAT THE SAME HAS BEEN ACCEPTED AND FORM 3 IS ISSUED TO US DATED 23.12.2020 VIDE CERTIF ICATE NUMBER 871942750231220 WITH BALANCE AMOUNT PAYABLE AT RS. 72,672.00. WITH REFERENCE TO THE SAME WE HEREBY WITHDRAW THE APPEAL FILED IN VIEW OF THE FORM NO 3 ISSUED TO US VIDE CERT IFICATE NUMBER 871942750231220. PLEASE FIND ATTACHED HEREWITH FORM 3 ALONG WITH THE WITHDRAWAL LETTER FOR YOUR REFERENCE AND RECORDS. 3. O N 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 ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 12 . 02 .2021 SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 12 / 02 / 2021 GIRIDHAR, SR.PS 3 ITA NO. 5209 /MUM/2019 (A.Y: 20 09 - 10 ) M /S. KAYCEE DIAMONDS 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