M/S O P ENTERPRISES, MUMBAI V. DY. CIT CC 4 (3), MUMBAI

ITA 6052/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6973 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2016-2017
• Appeal Filed On: 24-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO.6052/MUM/2019 A.Y. 2016 - 17 M/S O.P. ENTERPRISES VS. DY.CIT, CC - 4(3) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.6052/MUM/2019 (ASSESSMENT YEAR: 2016 - 17) M/S O.P. ENTERPRISES 501, 5 TH FLOOR, SAI COMMERCIAL BUILDING , BKS, DEVSHI MARG, GOVANDI EAST, MUMBAI 400088 VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 4(3) ROOM NO. 1921, 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400021 PAN NO. AAAFO1650Q ( ASSESSEE) (REVENUE) ASSESSEE BY : SHRI WASEEM KHAN, A.R REVENUE BY : MS. SHREEKALA PARDESHI , D.R DATE OF HEARING : 29 /07/2021 DATE OF PRONOUNCEMENT : 29 /072021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 52 , MUMBAI, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF T HE INCOME - TAX ACT, 1961 DATED 20.12.2018 FOR ASSESSMENT YEAR 2016 - 17 . 2. THE ASSESSEE HAS PLACED ON RECORD A LETTER DATED 02.06.2021 , 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 IT HAS RECEIVED FORM 3 DATED 22.01.2021 (COPY ENCLOSED) FROM THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTRO VERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.6052/MUM/2019 A.Y. 2016 - 17 M/S O.P. ENTERPRISES VS. DY.CIT, CC - 4(3) 2 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 29 /07/2021. SD/ - SD/ - (RAJESH KUMAR) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 29 .07.2021 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