ADRI DIAMOND TOOLS PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX-9(1)(1), MUMBAI

ITA 6081/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3620 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 28-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MICHAEL JERALD
• Section: 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) A BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 6081 /MUM/2019 (A.Y: 201 4 - 15) M/S. ADRI DIAMOND TOOLS INDIA PVT. LTD., A - 2/307, CHANKAYA LOK BHARATI CO - OP HOUSING SOCIETY OPP. LOK BHAVAN, MAROL MAROSHI ROAD ANDHERI (E), MUMBAI - 400059 PAN: AAFCA3959C V. D CIT 9(1)(1) AAYAKAR BHAVAN M.K. ROAD, CHURCHGATE MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI MICHAEL JERALD DATE OF HEARING : 09.03.2021 DATE OF PRONOUNCEMENT : 09.03.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 16 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 31.05.2019 FOR THE A.Y . 2014 - 15 . 2 ITA NO. 6081/MUM/2019 (A.Y: 2014 - 15) M/S. ADRI DIAMOND TOOLS INDIA PVT. LTD., 2. ASSESSEE FILED A LETTER DATED 22 ND JANUARY, 2021 AND SUBMITTED AS UNDER: - RE: ADRI DIAMOND TOOLS PRIVATE LIMITED PAN NO. AAFCA3959C SUB: WITHDRAWAL OF APPEAL PURSUANT TO SETTLEMENT OF DISPUTE UNDER DIRECT TAXE S UNDER VIVAD SE VISHWAS SCHEME REF: APPEAL NO.6081/MUM/2019 FOR A. Y. 2014 - 15. --------------------- WITH REFERENCE TO THE ABOVE, WE SUBMIT AS UNDER: 1. THE ASSESSE HAS OPTED FOR SETTLEMENT OF DISPUTE FORMING THE SUBJECT MATTER OF THE AFORESAID APPEAL UNDER VIVAD SE VISHWAS SCHEME. 2. PURSUANT TO THE ASSESSEE'S APPLICATION THE CIT (EXEMPTION), MUMBAI HAS ISSUED CERTIFICATE DAT ED 12.01.2021 IN FORM - 3 UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS TAX 2020. 3. AS REQUIRED UNDER THE SAID ACT, WE HEREBY WITHDRAW OUR APPEAL AND REQUEST YOU TO KINDLY GIVE US CONFIRMATION OF THE SAME WHICH HAS TO BE UPLOADED ON THE INCOME TAX PORTAL. 4. FORM NO.1 AND FORM NO.3 UNDER THE DIRECT TAX VIVAD SE VISHWAS RULES, 2020 ARE ENCLOSED HEREWITH. 3. ON A PERUSAL OF THE ABOVE LETTER 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 3 ITA NO. 6081/MUM/2019 (A.Y: 2014 - 15) M/S. ADRI DIAMOND TOOLS INDIA PVT. LTD., REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMI SSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 09.03.2021 SD/ - SD/ - (S. RIFAUR RAHMAN) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 09.03.2021 GIRIDHAR, SR.PS 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