M/S NISHRIN TRADING & INVESTMENT PVT LTD., Mumbai V. DCIT CC 7(3), Mumbai

ITA 5577/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3656 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 27-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: APARNA SHIVKUMARLD
• Section: 143(3)

Judgement Text

ITA NO.5577/MUM/2019 M/S. NISHRIN TRADING & INVESTMENT P. LTD. ASSESSMENT YEAR: 2008-09 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5577/MUM/2019 ( / ASSESSMENT YEAR: 2008-09) M/S. NISHRIN TRADING & INV . P VT. LTD. GROUND FLOOR, SIR NAVROJI VAKIL STREET GRANT ROAD, MUMBAI-400 007 / VS. D CIT CENTRAL CIRCLE - 7 (3) MUMBAI-400 020 !' ./ ./PAN/GIR NO. AAACN-1670-J ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : MS. APARNA SHIVKUMAR-LD. AR REVENUE BY : SHRI THARIAN OOMMEN- LD. DR / DATE OF HEARING : 22/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR (AY) 2008-09 CONTESTS THE ORDER OF LEARNED FIRST APPELLA TE AUTHORITY PASSED ON 30/07/2019 ON CERTAIN GROUNDS OF APPEAL. THE ASSESSMENT WAS FRAMED BY LD. ASSESSING OFFICER U/S 143(3) R.W.S. 147 ON 31/03/2016. 2. THE LD. COUNSEL FOR ASSESSEE, AT THE OUTSET, SUB MITTED THAT THE ASSESSEE HAS ALREADY OPTED FOR SETTLEMENT OF DI SPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 AND ITA NO.5577/MUM/2019 M/S. NISHRIN TRADING & INVESTMENT P. LTD. ASSESSMENT YEAR: 2008-09 2 WISHES TO WITHDRAW THE APPEAL. THE LD. DR DID NOT O BJECT TO THE SAME. 3. IN VIEW OF FOREGOING, THE APPEAL STANDS DISMISSE D AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTOR ATION OF THIS APPEAL IN CASE THE AFORESAID DECLARATION FILED UNDE R THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 03 RD MARCH, 2021. SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER MUMBAI; DATED : 03/03/2021 SR.PS, JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 , 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.