APEX APPARELS PRIVATE LIMITED, MUMBAI V. ITO WARD 1(1), KALYAN

ITA 5834/MUM/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8768 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 10-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSHIL MISHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5834 / / 2018 (%. .2007-08 ) ITA NO. 5834/MUM/2018 (A.Y.2007-08) APEX APPARELS PVT.LTD., 211,MEGHDOOT APARTMENT, KATEMANIVALI, KALYAN - 421 306 PAN: AABCA6231H / VS. : / APPELLANT ITO WARD (1), MOHAN PLAZA, KHADAKPADA, NEAR PODDAR SCHOOL, VAILE NAGAR, KALYAN, THANE 421 301 : / RESPONDENT ASSESSEE BY : SHRI VIMAL PUNMIYA REVENUE BY : SHRI SUSHIL MI SHRA / DATE OF HEARING : 30/12/2020 / DATE OF PRONOUNCEMENT : 30/12/2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-2, PUNE ( IN SHORT THE CIT(A) ) DATED 04/06/2018 FOR THE ASSESSMENT YEAR 2007-08. 2. SHRI VIMAL PUNMIYA, APPEARING ON BEHALF OF THE ASSESSEE STATED THAT THE ASSESSEE IS OPTING FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) 2 ITA NO. 5834/MUM/2018 (A.Y.2007-08) THEREFORE, THE ASSESSEE WISHES TO WITHDRAW THE APP EAL AT THIS STAGE. THE LIBERTY MAY BE PROVIDED TO THE ASSESSEE TO REVIVE THE APPEAL I N CASE THE APPLICATION FILED BY THE ASSESSEE UNDER VSVS IS NOT ACCEPTED. 3. SHRI SUSHIL MISHRA, REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEAL TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE ABOVE SUBMISSION MADE ON BEH ALF OF THE ASSESSEE, THE ASSESSEE IS ALLOWED TO WITHDRAW APPEAL. THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE APP EAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPL ICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICA TION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO .372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT] 6. THE APPEAL IS DISMISSED AS WITHDRAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY THE 30 TH DAY OF DECEMBER, 2020. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 30/12/2020 VM , SR. PS(O/S) 3 ITA NO. 5834/MUM/2018 (A.Y.2007-08) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI