ITO 28(1)(1), NAVI MUMBAI V. AKSHAR ANSHUL CONSTRUCTION LLP, NAVI MUMBAI

ITA 5665/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3639 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 20-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR LD
• Assessee Lawyers: RITIKA AGARWAL LD
• Section: 143(3); 13

Judgement Text

ITA NO.5665/MUM/2016 AKSHAR ANSHUL CONSTRUCTION LLP ASSESSMENT YEAR: 2012-13 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5665/MUM/2016 ( / ASSESSMENT YEAR: 2012-13) INCOME TAX OFFICER - (1)(1) 3 RD FLOOR, TOWER NO.6 ROOM NO.329, VASHI RAILWAY STATION COMPLEX, VASHI NAVI MUMBAI-400 703 / VS. AKSHAR ANSHUL CONSTRUCTION LLP 225, 2 ND FLOOR, BIG SPLASH PLOT NO.78 & 79, SECTOR 17 VASHI, NAVI MUMBAI-400 705. !' ./ ./PAN/GIR NO. AARFA-6226-F ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : MS. RITIKA AGARWAL-LD. AR REVENUE BY : SHRI BRAJENDRA KUMAR- 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 REVENUE FOR ASSESSMENT YEAR (AY) 2012- 13 CONTEST THE ORDER OF LEARNED FIRST APPELLATE AUT HORITY PASSED ON 20/07/2016 ON CERTAIN GROUNDS OF APPEAL. THE ASSESS MENT WAS FRAMED BY LD. ASSESSING OFFICER U/S 143(3) ON 30/09 /2014. 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.5665/MUM/2016 AKSHAR ANSHUL CONSTRUCTION LLP ASSESSMENT YEAR: 2012-13 2 RECEIVED FORM NO.5 FROM APPROPRIATE AUTHORITY. THE LD. DR FAIRLY ACCEPTED THE SAME. 3. IN VIEW OF FOREGOING, THE APPEAL STAND DISMISSED AS INFRUCTUOUS, HOWEVER, WITH A LIBERTY TO REVENUE TO SEEK RESTORATION OF THIS APPEAL IN CASE THE AFORESAID DECLARATION FI LED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 4. THE APPEAL STANDS DISMISSED AS INFRUCTUOUS. 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.