STARVISON MEGA CITY LTD., MUMBAI V. ITO 15(3)(4), MUMBAI

ITA 648/MUM/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7905 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 27-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABDUL HAKEEM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “SMC” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 648/MUM/2020 (A.Y: 2011-12) M/s. Starvision Mega City Limited Jayanti Apartment JD Road, Mumbai - 400080 PAN: AALCS5904K v. Income Tax Officer – 15(3)(4) 15B, Ground Floor Aayakar Bhavan, M.K. Road Mumbai - 400020 (Appellant) (Respondent) Assessee by : None Department by : Shri Abdul Hakeem Date of Hearing : 23.11.2021 Date of Pronouncement : 23.11.2021 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–24, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 05.09.2019 for the A.Y. 2011-12. 2. Assessee through his authorized representative filed a letter and submitted as under: - 2 ITA NO. 648/MUM/2020 (A.Y: 2011-12) M/s. Starvision Mega City Limited “Re : Appeal No. ITA 648/Mum/2020 for A.Y. 2011-12 In the matter of Starvision Mega City Ltd. VS ITO 15(3)(4). The Appellant Company has received a Notice of Hearing in the above matter wherein the Hearing is fixed before SMC on 23/11/2021 at 10.30 am. Copy of the notice is enclosed as Enclosure 1. The Appellant has settled the tax arrears for Assessment Year 2011-12 under Vivad se Vishwas scheme and has also received order for Full and Final Settlement of Tax Arrear from Principal CIT dated 28 th Oct, 2021. A copy of the same is enclosed herewith as Enclosure - 2. We therefore request you to treat the Appeal as withdrawn.” 3. On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-5 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-5 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 23.11.2021. Sd/- (C.N. PRASAD) JUDICIAL MEMBER Mumbai / Dated 23.11.2021 Giridhar, Sr.PS 3 ITA NO. 648/MUM/2020 (A.Y: 2011-12) M/s. Starvision Mega City Limited 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