WELCOME STORES, MUMBAI V. INCOME TAX OFFICER 21(3)(5), MUMBAI

ITA 6705/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1452 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 27-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 6705 / / 2018 (%. .2011-12 ) ITA NO. 6705/MUM/2018 (A.Y.2011-12) WELCOME STORES, GROUND FLOOR, SHOP NO.12, PLOT NO.394, SURJI VALLABHDAS CHAWL, GANPATRAO KADAM MARG, WORLI, MUMBAI 400 018 PAN:AAMFW0709N / VS. : / APPELLANT INCOME TAX OFFICER 21(3)(5) MUMBAI. : / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SANJAY J. SETHI / DATE OF HEARING : 01/12/2020 / DATE OF PRONOUNCEMENT : 01/12/2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-48, MUMBAI ( IN SHORT THE CIT (A)) DATED 30/08/2018 FOR THE ASSESSMENT YEAR 2011-12. 2. THE ASSESSEE VIDE LETTER DATED 6 TH NOVEMBER, 2020 SUBMITTED THAT THE ASSESSEE IS OPTING FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) 2 ITA NO. 6705/MUM/2018 (A.Y.2011-12) THEREFORE, THE ASSESSEE WANTS TO WITHDRAW THE APPE AL. THE CONTENTS OF THE LETTER READS AS UNDER:- THE HONBLE MEMBERS, INCOME TAX APPELLATE TRIBUNAL, SMC BENCH, MUMBAI. DEAR SIR, REF:- WELCOME STORES- APPEAL NO.ITA 6705/MUM/201 8 SUB:- WITHDRAWAL OF APPEAL. WITH REFERENCE TO ABOVE, I HAVE TO STATE THAT WE HA VE APPLIED UNDER VIWAD SE VISHWAS SCHEME ON 04/11/2020 VIDE RECEIPT NO. 6992 50500041120. IN THE CIRCUMSTANCES, WE HERE BY WITHDRAW OUR A PPEAL. THANKING YOUR, YOURS FAITHFULLY, FOR WELCOME STORES SD/- AUTHORIZED SIGNATORY. 3. SHRI SANJAY J. SETHI, REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE ABOVE REQUEST OF THE ASSE SSEE, THE ASSESSEE IS ALLOWED TO WITHDRAW THE APPEAL. THUS, THE APPEAL OF ASSESSE E IS DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO RESTORE TH E APPEAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE TH E APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCEL LANEOUS APPLICATION FOR RECALLING 3 ITA NO. 6705/MUM/2018 (A.Y.2011-12) THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAYE D COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. AC IT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRA WN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED ON TUESDAY THE 1 ST DAY OF DECEMBER, 2020. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 01/12/2020 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI