SUPERIOR ART-PARTNERSHIP FIRM, MUMBAI V. INCOME TAX OFFICER 26(3) (3), MUMBAI

ITA 5357/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3693 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 16-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 5357 /MUM./2019 ( ASSESSMENT YEAR : 20 14 15 ) SUPERIOR ART PARTNERSHIP FIRM SHANTI NAGAR, SALT PEN ROAD WADALA (E), MUMBAI 400 037 PAN ACFFS2123M . APPELLANT V/S INCOME TAX OFFICER WARD 26(3)(2), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI GURBINDER SINGH DATE OF HEARING 18 .0 2 .202 1 DATE OF ORDER 24.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE ASSESSEE CHALLENGING THE ORDER DATED 28 TH FEBRUARY 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 38 , MUMBAI, FOR THE ASSESSMENT YEAR 20 1 4 15 . 2. DURING THE COURSE OF HEARING, WE FIND THAT T HE ASSESSEE HAS FILED A LETTER DATED 1 5 TH FEBRUARY 2021, IN THE REGISTRY SEEKING WITHDRAWAL OF THE APPEAL IN VIEW OF THE FACT THAT HE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER 2 SUPERIOR ART PARTNERSHIP FIRM SUBMITTED BY THE A SSESSEE IS ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM 1 & 2 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE . HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON F ILING ANY APPLICATION FOR CONDONATION OF DELAY. ACCORDINGLY, THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 24.02.2021 SD/ - SAKTIJIT DEY JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 24.02.2021 3 SUPERIOR ART PARTNERSHIP FIRM COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI