M/S. SANTA OASIS CITY LLP., MUMBAI V. INCOME TAX OFFICER 21(3)(2), MUMBAI

ITA 5262/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3457 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 09-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI VIKAS AWASTHY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5262/MUM/2019 ASSESSMENT YEAR: 2014-15 M/S SANTA OASIS CITY LLP., 1201, PENINSULA BUSINESS PARK, TOWER B, G K MARG, LOWER PAREL (W), MUMBAI-400013. VS. ITO 21(3)(2), 2 ND FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI-400012. PAN NO. ACLFS 3969 F APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. SANJAY J. SETHI, DR DATE OF HEARING : 08/03/2021 DATE OF PRONOUNCEMENT : 08/03/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2014-15. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-48, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX A CT 1961, (THE ACT). 2. THE ASSESSEE/APPELLANT HAS FILED A LETTER DATED 07.03.2021 BEFORE THE TRIBUNAL STATING THAT HAVING OPTED FOR VIVAD SE VIS HWAS SCHEME, 2020, THEY HAVE RECEIVED FORM -3 AND THEREFORE, THEY MAY BE AL LOWED TO WITHDRAW THE ABOVE APPEAL. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE THE ABOVE SUBMISSION OF THE APPELLANT. ITA NO. 5262/M/2019 M/S SANTA OASIS CITY LLP 2 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAI D ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPU TES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEF ORE THE SUPREME COURT OF INDIA. CONSIDERING THE LETTER DATED 07.03.2021 FILED BY TH E APPELLANT, WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. 4. IN THE RESULT, THIS APPEAL IS DISMISSED AS WITHD RAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 08/03/2021 SD/- SD/- ( VIKAS AWASTHY ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 08/03/2021 RAHUL SHARMA, SR. P.S. 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI