NAVNEET PRAKASHAN KENDRA, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX -21(2), MUMBAI

ITA 5670/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3749 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 30-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 143(3); 201

Judgement Text

ITA NO.5670/MUM/2019 A.Y. 2014 - 15 NAVNEET PRAKASHAN KENDRA VS. ACIT - 21(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5670 /MUM/2019 (ASSESSMENT YEAR:2014 - 15 ) NAVNEET PRAKASHAN KENDRA OFF BHAVANI SHANKAR ROAD, DADAR (WEST), MUMBAI 400 028 VS. ACIT - 21(2), ROOM NO. 115, PIRAMAL CHAMBERS, PAREL, MUMBAI - 400012 PAN NO. AAAFN1085E (ASSESSEE) (REVENUE) ASSESSEE BY : (WITHDRAWAL REQUEST LETTER, DATED 03.02.2021) REVENUE BY : SHRI THARIAN OOMMEN , D.R DATE OF HEARING : 01/03 /2021 DAT E OF PRONOUNCEMENT : 01 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 33 , MUMBAI, WHICH IN TURN ARISES FROM THE ORDER PASSE D BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 05.12.2016 FOR ASSESSMENT YEAR 201 4 - 15 . 2. THE ASSESSEE HAS E - FILED A LETTER DATED 03 RD /27 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT IT HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID F ACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 HER APPEAL. ITA NO.5670/MUM/2019 A.Y. 2014 - 15 NAVNEET PRAKASHAN KENDRA VS. ACIT - 21(2) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOV E. ORDER PRON OUNCED IN THE OPEN COURT ON 01 /03/2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 .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