M/S ISCRA INDIA TOUR OPERATOR PVT LTD, MUMBAI V. ITO 10 (1)(3), MUMBAI

ITA 6991/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9590 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 14-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 6991 /MUM./2019 ( ASSESSMENT YEAR : 20 10 1 1 ) ISCRA INDIA TOUR OPERATOR PVT. LTD. 3 RD FLOOR, BASERA HOUSE NO.48 SHANTAWADI LANE, NEAR BOMBAY BAZAAR OFF. J.P. ROAD, ANDHERI (WEST) MUMBAI 400 058 PAN : AABCI3603D . APPELLANT V/S INCOME TAX OFFICER WARD 10(1)(3), MUMBAI . RESPONDENT ITA NO. 6992 /MUM./2019 ( ASSESSMENT YEAR : 20 1 0 10 ) ISCRA INDIA TOUR OPERATOR PVT. LTD. 3 RD FLOOR, BASERA HOUSE NO.48 SHANTAWADI LANE, NEAR BOMBAY BAZAAR OFF. J.P. ROAD, ANDHERI (WEST) MUMBAI 400 058 PAN : AABCI3603D . APPELLANT V/S INCOME TAX OFFICER WARD 10(1)(3), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. SHREEKALA PARDESHI DATE OF HEARING 12 . 0 7 .202 1 DATE OF ORDER 12.07.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE SE APPEAL S HAVE BEEN FILED BY THE ASSESSEE CHALLENGING THE IMPUGNED ORDER DATED 22 ND AUGUST 2018 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 21 , MUMBAI. 2 ISCRA INDIA TOUR OPERATOR PVT. LTD. 2. THE ISSUE RAISED BY THE ASSESSEE IN ITS APPEAL BEING ITA NO.6991/MUM./2019, RELATES TO CONFIRMING PENALTY OF ` 1,00,000, IMPOSED BY THE ASSESSING OFFICER UNDER SECTION 271BA OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) AND THE ISSUE RAISED BY THE ASSESSEE IN ITS APPEAL BEING ITA NO.6992/MUM./2019, RELATES TO CONFIRMING PENALTY OF ` 14,41,557, IMPOSED BY THE A SSESSING OFFICER UNDER SECTION 271AA OF THE ACT. 2. WHEN THE CASE WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORIZED REPRESENTATIVES APPEARED BEFORE US TO REPRESENT ITS CASE. HOWEVER, W HILE GOING THROUGH THE RECORD AVAILABLE BEFORE US, WE FIND THAT THE ASSESSEE HAS FILED A LETTER DATED 23 RD MARCH 2021, SEEKING WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHE ME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED BY THE FORM NO.3 ISSUED BY THE REVENUE. THE SAID LETTER ALSO STATES THAT THE ASSESSEE HAS ALSO PAID THE DISPUTED TAX OF INR 3,85,389, AS DETERMINED IN FORM NO.3, VIDE CHALLAN 13550 DATED 19 TH MA RCH 2021. THE AFORESAID LETTER ALONG COPY OF FORM NO.3, ARE ALSO KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 3 ISCRA INDIA TOUR OPERATOR PVT. LTD. 4. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE P RESENT APPEAL S , AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL S AT THIS STAGE S INCE THE DEPARTMENT ISSUED FORM NO.3. WITH THE SE OBSERVATIONS, THE APPEAL S FILED BY THE ASSESSEE ARE LIABLE TO BE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12 .0 7 .2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 12.07.2021 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