ORION ENTERPRISES, MUMBAI V. ACIT, CC- 3 (2), MUMBAI

ITA 7206/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7770 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 22-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

ITA NO.7206/MUM/2019 A.Y. 2010 - 11 M/S ORION ENTERPRISES VS. ACIT, CC - 3(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.7206/MUM/2019 (ASSESSMENT YEAR: 2010 - 11) M/S ORION ENTERPRISES 602, B - WING, FORESHORE APARTMENTS JUHU TARA ROAD, SANTACRUZ (W), MUMBAI 400 049 VS. ACIT, CENTRAL CIRCLE - 3(2) ROOM NO. 402, 4 TH FLOOR, AAYAKAR BHAWAN, M.K. ROAD, MUMBAI 400 020 PAN NO. AABFO0229Q (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI JAYESH DADIA, A.R REVENUE BY : MS. SHREEKALA PARDESHI, D.R DATE OF HEARING : 30 /08/2021 DA T E OF PRONOUNCEMENT : 30/08 /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) - 51 , MUMBAI, DATED 24.09.20 19 , WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 18.03.2015 FOR A SSESSMENT YEAR 2010 - 11 . 2. THE ASSESSEE HAS FILED BEFORE US A LETTER DATED 16 .08.2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, IN FORM 1 & 2 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL. IN SUPPORT OF HIS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONG WITH HIS LETTER COPY OF THE FORM 1 & 2 THAT HAS BEEN FILED WITH THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE TH AT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL BE ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.7206/MUM/2019 A.Y. 2010 - 11 M/S ORION ENTERPRISES VS. ACIT, CC - 3(2) 2 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THEN, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS AFOREMENTIONED APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PR ONOU N CED IN THE OPEN COURT ON 30/08 /2021 SD/ - SD/ - ( SHAMIM YAHYA ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 30.08 .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