AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA P.LTD, MUMBAI V. DCI 12(1)(1), MUMBAI

ITA 6947/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3547 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 28-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANAND MOHAN AW SHRI SUNIL DESH
• Section: 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER IT A NO. 6947/MUM./2016 ( ASSESSMENT YEAR : 20 12 13 ) AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA PVT. LTD. , GALA NO.2, RAJDEO COMPOUND , NEAR GOKULDHAM MARKET A.K. VAIDYA MARG, MALAD (E) MUMBAI 400 097 PAN AAJCA9550H . APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 12(1)(1), MUMBAI . RESPONDENT ASSESSEE BY : SHRI AKASH KUMAR REVENUE BY : SHRI ANAND MOHAN A/W SHRI SUNIL DESHPANDE AND SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 08 .0 2 .202 1 DATE OF ORDER 19.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE CHALLENGING THE ASSESSMENT ORDER DATED 26 TH MARCH 2016, PASSED UNDER SECTION 143(3) R/W SECTION 144C(13) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) FOR THE ASSESSMENT YEAR 20 12 13 IN PURSUANCE TO T HE DIRECTIONS OF THE DISPUTE RESOLUTION PANEL (DRP), MUMBAI. 2 AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA PVT. LTD. 2. DURING THE COURSE OF HEARING, WE FIND THAT T HE ASSESSEE HAS FILED A LETTER DATED 16 TH FEBRUARY 2021, BEFORE THE REGISTRY OF THE TRIBUNAL SEEKING WITHDRAWAL OF THE APPEAL IN VIEW OF THE FACT THAT THE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED BY THE ACKNOWLEDGEMENT IN FORM I AND II OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT TH E ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORA TION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR THAT IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATIO N, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. THIS IS IN 3 AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA PVT. LTD. VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.02.2021 SD/ - RAVISH SOOD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 19.02.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI