J K DENIM FAB PRIVATE LIMITED, MUMBAI V. ITO 10(2)(1), MUMBAI

ITA 613/MUM/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 9710 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-01-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2015-2016
• Appeal Filed On: 04-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA No. 613/Mum/2019 A.Y. 2015-16 J.K. Denim Fab Pvt. Ltd. Vs. ITO-10(2)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F” MUMBAI BEFORE SHRI AMARJIT SINGH (JUDICIAL MEMBER) AND SHRI AMARJIT SINGH (ACCOUNTANT MEMBER) ITA No.613/MUM/2019 (Assessment Year: 2015-16) J.K. Denim Fab Pvt. Ltd. 8/9 Ravi Kiran, Ground Floor, Near Monginis, New Link Road, Andheri (West), Mumbai – 400 053 Vs. ITO-10(2)(1) Mumbai PAN No. AACCJ7782R (Assessee) (Revenue) Assessee by : Shri Nilesh Gupta Revenue by : Shri Achal Sharma Date of Hearing : 19/01/2022 Date of pronouncement : 27/01/2022 ORDER PER AMARJIT SINGH, A.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 17, Mumbai, dated 27.12.2018, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961 dated 10.11.2017 for assessment year 2015-16. 2. At the time of hearing the ld. counsel of the assessee submitted that the assessee has opted this appeal for 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 It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may be allowed to be withdrawn. 3. The ld. D.R did not controvert the aforesaid factual position as had been stated before us. ITA No. 613/Mum/2019 A.Y. 2015-16 J.K. Denim Fab Pvt. Ltd. Vs. ITO-10(2)(1) 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 In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 his appeal within the time limit provided in the Act.` 5. Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in the open court on 27/01/2022. Sd/- Sd/- (Amarjit Singh) (Amarjit Singh) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 27.01.2022 Rohit, Sr. P.S 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