M/S. BHARAT VELOURS , MUMBAI V. ACIT, CIRCL3-19(1), MUMBAI

ITA 5326/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9237 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 14-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMMEN THARIAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 5326 /MUM/ 20 19 ( ASSESSMENT YEAR : 2014 - 15 ) M/S. BHARAT VELOURS 304, PRABHU KUTIR 15, ALTAMOUN T ROAD MUMBAI - 400 026 VS. COMMISSIONER OF (APPEALS) - 29, MATRU MANDIR BUILDING NANA CHOWK GRAND ROAD WEST MUMBAI - 400 007 PAN/GIR NO. AAAFB9482F (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY OOMMEN THARIAN DATE OF HEARING 07 / 01 /2 02 1 DATE OF PRONOUNCEMENT 07 / 01 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5326/MUM/2019 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 29, MUMBAI IN APPEAL NO. CIT(A) - 29/IT - 3 67/19(1)/17 - 18 DATED 25/06/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED ITA NO . 5326/MUM/2019 M/S. BHARAT VELOURS 2 08/11/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX, CIRCLE - 19(1), MUMBAI (HEREIN AFTER REFERRED TO AS LD. AO). 2. ASSESSEE VIDE ITS LETTER DATED 28/12/2020, PRAYED FOR WITHDRAW AL OF APPEAL IN ITA NO. 5326/MU M /2019 FOR A.Y.2014 - 15 . FOR THE SAKE OF CONVENIENCE, WE ARE REPRODUCING THE CONTENTS OF THE SAID APPLICATION AS UNDER: - IN CONNE CTION WITH CAPTIONED APPEAL WE MOST HUMBLY SUBMIT AS ORDER: 1) THE CAPTIONED APPEAL WAS FILED ON 14 TFL AUGUST 2019 AGAINST THE C I T (A) ORDER. 2) IN ORDER TO BUY PEACE WE HAVE APPLIED UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT ON DISPUTED ADDITIONS ACT 2020 AND AGREED TO PAY THE INCOME TAX COPY OF FORM 1& 2 IS ATTACHED HERE WITH (ANNEX. A). 3) THE PCIT - 19 MUMBAI HAS ACCEPTED OUR APPLICATION ON 22/12/2020 BY ISSUING CERTIFICATE IN FORM 3 UNDER THE DIRECT TAX VIVAD SE VISHWAS RULES. THE COPY OF CERTIFI CATE IS ATTACHED HERE WITH (ANNEX.B). 4) IN TERMS OF SAID CERTIFICATE WE HAVE ALSO PAID THE INCOME TAX OF RS.3,30,850 AND COPY TO TAX PAID CHALLAN IS ATTACHED HEREWITH (ANNEX.C). 5) AS REQUIRED UNDER THE ALLOW US TO SAID ACT WE HEREBY REQUEST YOUR G OODS SERVICE TO WITHDRAW THE CAPTIONED APPEAL SO THAT WE CAN SUBMIT VSV FORM NO.4 ON INCOME TAX DEPARTMENT PORTAL. WE SHALL REMAIN THANKFUL TO YOU FOR COOPERATION IN WITH DRAWING THE CAPTIONED APPEAL. 3. LD. DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD THE LD. DR AND PERUSED THE RECORDS, ESPECIALLY THE APPLICATION OF ASSESSEE FOR WITHDRAWAL OF THE APPEAL. WE FIND CONSIDERABLE COGENCY IN THE CONTENTIONS OF ASSESSEE AS AFORESAID. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, WE ACCEPT T HE ITA NO . 5326/MUM/2019 M/S. BHARAT VELOURS 3 REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL AND ACCORDINGLY, WE DISMISS THE APPEAL AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 07 / 01 /202 1 . SD / - ( PAV AN KU MAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 07 / 01 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MU MBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//