I B HOSPITALITY PVT. LTD. , MUMBAI V. DCIT-3(2)(1), MUMBAI, MUMBAI

ITA 5611/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8354 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 29-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SAKSHI
• Section: 143(3); 13

Judgement Text

ITA NO.5611/MUM/2019 A.Y. 2012 - 13 I.B. HOSPITALITY PVT. LD. VS. DY. CIT - 3(2)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5611/MUM/2019 (ASSESSMENT YEAR: 2012 - 13) I.B. HOSPITALITY PVT. LTD. B1, AMARCHAND MANSION, 16, MADAM CAMA ROAD, COLABA, MUMBAI 400039 VS. DY. CIT - 3(2)(1) ROOM NO. 608, 6 TH FLOOR, AAYAKAR BHAVAN. M.K. MARG, MUMBAI - 400020 PAN NO. AAGCM0999M (ASSESSEE) (REVENUE) ASSESSEE BY : MS. SAKSHI, A.R REVENUE BY : MS. SHREEKALA PARDESHI , D.R DATE OF HEARING : 10/03 /2021 DATE OF PRONOUNCEMENT : 10 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 8 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF TH E INCOME - TAX ACT, 1961, DATED 05.03.201 5 FOR ASSESSMENT YEAR 2012 - 13 . 2. THE ASSESSEE HAS FILED A LETTER DATED 09 TH MARCH, 2021, WHEREIN IT IS STATED THAT IT IS IN THE PROCESS OF FILING AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MAT TER PENDING BEFORE THE TRIBUNAL. 3 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WI THDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO.5611/MUM/2019 A.Y. 2012 - 13 I.B. HOSPITALITY PVT. LD. VS. DY. CIT - 3(2)(1) 2 4 . RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 10 /03/2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEM BER MUMBAI ; DATED: 10 .03.2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI