SHREEJI ALUMINUM PVT LTD, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX -5(3)(1), MUMBAI

ITA 5356/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9017 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 16-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , H BENCH MUMBAI BEFORE : SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 5356 /MUM/ 20 19 ( ASSESSMENT YEAR : 2015 - 16 ) M/S. SHREEJI ALUMINIUM PVT. LTD., 502, 5 TH FLOOR MAJESTIC SHOPPING CENTR E 144, J.S. GIRGAUM, MUMBAI 400 004 VS. ACIT - 5(3)(1), ROOM NO.519, AAYKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. AABCS4299M (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY MS. BHARATI SINGH DATE OF HEARING 17 / 03 /202 1 DATE OF PRONOUNCEMENT 17 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 5356/MUM/2019 FOR A.Y. 2015 - 16 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 10, MUMBAI IN APPEAL NO. CIT(A) - 10,MUMBAI/10044/20 18 - 19 DATED 10/05/2019 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961. 2. ASSESSEE VIDE ITS LETTER DATED 01/03/2021, PRAYED FOR WITHDRAW AL OF APPEAL IN ITA NO. 5356/MUM/2019 FOR A.Y.2015 - 16 . FOR THE SAKE OF ITA NO . 5356/MUM/2019 M/S. SHREEJI ALUMINIUM PVT. LTD., 2 CONVENIENCE, WE ARE REPRODUCING THE CONTENTS OF THE SAID APPLICATION AS UNDER: - THIS IS WITH REFERENCE TO OUR APPEAL AGAINST THE ORDER PASSED BY ACIT - 5(3)(1), MUMBAI FOR THE ABOVE - MENTIONED ASSESSMENT YEAR, THE DATE OF HEARING FOR WHICH HAS BEEN F IXED ON 17 TH MARCH,2021, WE WOULD LIKE TO STATE THAT WE HAVE APPLIED FOR DIRECT TAX VIVAD SE VISHWAS SCHEME FOR THE ABOVE APPEAL WHICH HAS BEEN ACCEPTED BY THE DEPARTMENT. WE ARE ATTACHING HEREWITH THE FORM - 1 (FORM TOR FILING DECLARATION AND UNDERTAKING) A ND FORM - 3 (VIDE CERTIFICATE NUMBER 828252380161220) WHICH IS ATTACHED HEREWITH THE LETTER. HENCE, WE REQUEST YOU TO TAKE THE ABOVE ON RECORD AND WITHDRAW OUR APPEAL AS REQUIRED BY DIRECT TAX VIVAD SE VISHWAS ACT,2020. 3. LD. DR HAS NOT RAISED ANY OBJE CTION. 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 THE 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 17 / 03 /202 1 . SD/ - ( VIKAS AWASTHY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 17 / 03 / 2021 KARUNA , SR.PS ITA NO . 5356/MUM/2019 M/S. SHREEJI ALUMINIUM PVT. LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//