SEA SIDE PROPERTIES PRVIATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-4(2), MUMBAI

ITA 5792/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1647 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 11-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) G BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL , HON'BLE ACCOUNTANT MEMBER ITA NO. 5792 /MUM/201 7 (A.Y: 20 13 - 14) M/S. SEA SIDE PROPERTIES PVT. LTD., RAHEJA CHAMBERS, LINKING ROAD MAIN AVENUE, 23 - 35, M.R. ROAD, SANTACRUZ (W) MUMBAI - 400054 PAN: AAACS7585D V. DCIT CENTRAL CIRCLE 4(2) AIR INDIA BUILDING NARIMAN POINT MUMBAI 400 021 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VINAY SINHA DEPARTMENT BY : SH RI T.S. KHALSA DATE OF HEARING : 21 .06.2021 DATE OF PRONOUNCEMENT : 21 .06.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 52 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 06.06.2017 FOR THE A.Y . 20 13 - 14. 2. AT THE TIME OF HEARING THE APPEAL VIRTUALLY , LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT ASSESSEE OPTED FOR VIVAD SE VISHWAS SCHEME AND FILED DECLARATION AND UNDERTAKING IN FORM - 1 TO SETTLE THE LITIGATION AND 2 ITA NO. 5792/MUM/2017 (A.Y: 2013 - 14) M/S. SEA SIDE PROPERTIES PVT. LTD., FORM 3 IS RECEIVED FROM THE REVENUE. FURTHER, ASSESSEE FILED A LETTER DATED 26 TH MARCH, 20 21 AND PRAYED FOR WITHDRAWAL OF APPEAL. CONTENTS OF THE LETTER ARE AS UNDER : SUB: WITHDR AWAL OF APPEAL FOR A.Y. 2013 - 14 PAN : AAACS7585D DEAR SIR/ MADAM, WE HAVE FILED A DECLARATION UNDER THE VSV SCHEME 2019 ON 22/12/2020. THEREAFTER, WE HAVE RECEIVED FORM 3 AND ACCORDINGLY WE HAVE PAID THE TAX DETERMINED. NOW, WE ARE WITHDRAWING OUR APPEAL BEARING APPEAL REFERENCE NO. ITA - 5792/MUM/2017 BY THIS LETTER. IT IS THEREFORE PRAYED THAT WE MAY BE PERMITTED TO WITHDRAW OUR APPEAL. 3. ON A PERUSAL OF THE ABOVE LET TER FILED BY THE ASSESSEE AND ENCLOSED COPY OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 21 .06.2021 . SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 2 1.06.2021 GIRIDHAR, SR.PS 3 ITA NO. 5792/MUM/2017 (A.Y: 2013 - 14) M/S. SEA SIDE PROPERTIES PVT. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM