WINDSOR REALITY PVT. LTD., MUMBAI V. ACIT 13 (3)(1), MUMBAI

ITA 6385/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7934 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 07-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 271(1)(c)

Judgement Text

ITA NO.6385/MUM/2019 A.Y. 2011 - 12 WINDSOR REALITY PVT. LTD. VS. ACIT - 13(3) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.6385/MUM/2019 (ASSESSMENT YEAR: 2011 - 12) WINDSOR REALITY PVT. LTD. WINDSOR AND WINDSOR HOUSE, OFF CST ROAD, NEAR BKC, KALINA SANTACRUZ - EAST, MUMBAI 400 098 VS. ACIT - 13(3)(1) 2 ND FLOOR, AAYAKAR BHAVAN, CHURCHGATE, MUMBAI - 400020 PAN NO. AAACE1883E (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL LETTER DATED 19.04 .2021 REVENUE BY : SHRI T.S. KHALSA , D.R DATE OF HEARING : 12 /07 /2021 DATE O F PRONOUNCEMENT : 12 /07 / 2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 21 , MUMBAI, WHICH IN TURN ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961 DATED 28.03.2018 FOR ASSESSMENT YEAR 2011 - 1 2 . 2. THE ASSESSEE HAS PLACED ON RECORD A LETT ER DATED 19.04.2021 , 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 ST ATED BY THE ASSESSEE THAT IT HAS RECEIVED FORM 3 DATED 22.12.2020 (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 IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3.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 CO NTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE S HALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO.6385/MUM/2019 A.Y. 2011 - 12 WINDSOR REALITY PVT. LTD. VS. ACIT - 13(3) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER P RON OUNCED IN THE OPEN COURT ON 12 /07 /2021. SD/ - SD/ - (RAJ ESH KUMAR) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 12 .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