FUGRO SURVEY INDIA P. LTD, NAVI MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX 15(1)(1), MUMBAI

ITA 5229/MUM/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9104 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 09-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KIRAN UNAVELKAR
• Assessee Lawyers: SHALIN S. DIVATIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “K” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 5229/MUM/2017 (A.Y: 2011-12) M/s. Fugro Survey India Pvt. Ltd., Fugro House, Plot No. D-222/30 TTC Industrial Area MIDC, Nerul Navi Mumbai – 400706 PAN: AAACF5243R v. ACIT – Central Circle – 15(1)(1) Room No. 480 Aayakar Bhavan, M.K. Road Mumbai - 400020 (Appellant) (Respondent) Assessee by : Shri Shalin S. Divatia Department by : Shri Kiran Unavelkar Date of Hearing : 08.11.2021 Date of Pronouncement : 08.11.2021 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–56, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 06.04.2017 for the A.Y. 2011-12. 2 ITA NO. 5229/MUM/2017 (A.Y: 2011-12) M/s. Fugro Survey India Pvt. Ltd., 2. Assessee through its authorized representative filed a letter dated 22 nd February, 2021 and submitted as under: - “Re: Fugro Survey (India) Pvt Ltd Sub: Withdrawal of Appeal under ITAT Appeal No. 5229/M/2017 For A.Y.2011-12 pursuant to settlement of Dispute under the Direct Taxes - Vivad Se Vishwas Scheme, 2020. With reference to the above and under instructions from our above client we submit as under: 1. The Appellate assesse has opted for settlement of dispute forming the subject matter of the aforesaid Appeal under the Direct Taxes - Vivad Se Vishwas Act, 2020. 2. Pursuant to the assesse' s application the Pr. CIT, Mumbai-6, has issued Certificate dated 4 th Feb 2021 in Form No.3 under Section 5(1) of the Direct Tax -Vivad Se Vishwas Scheme, 2020.2. 3. As required under the said Act, the Appellant Assessee hereby withdraws the aforesaid Appeal and request you to kindly pass appropriate Orders for uploading on the Income Tax Portal. Form -3 under the Direct Taxes Vivad Se Vishwas Rules, 2020 is enclosed. 4. We also enclose a copy of the letter from the appellant to that effect.” 3. On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. 3 ITA NO. 5229/MUM/2017 (A.Y: 2011-12) M/s. Fugro Survey India Pvt. Ltd., Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 08.11.2021. Sd/- Sd/- (S. RIFAUR RAHMAN) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai / Dated 08.11.2021 Giridhar, Sr.PS 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