M/S DHARMESH CONSTRUCTION PVT LTD, MUMBAI V. DCIT 2 (3), MUMBAI

ITA 7216/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2939 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 25-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH MISHRA
• Assessee Lawyers: NIKESH JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER AND SHRI PA V AN KUMAR GADALE, JUDICIAL MEMBER IT A NO. 7216/MUM./2019 ( ASSESSMENT YEAR : 20 10 11 ) M/S. DHARMESH CONSTRUCTION PVT. LTD. BUILDING NO.10, 5 TH FLOOR, CORPORATE PARK GURU HARGOVINDJI ROAD, CHAKALA ANDHERI (E), MUMBAI 400 093 PAN AACCD4733E . APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CIRCLE 2(3), MUMBAI . RESPONDENT ASSESSEE BY : SHRI NIKESH JAIN REVENUE BY : SHRI RAJESH MISHRA DATE OF HEARING 20 .0 5 .202 1 DATE OF ORDER 20.05.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL HA S BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATE D 20 TH AUGUST 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 52, MUMBAI, FOR THE A.Y. 20 10 11 . 2. DURING THE COURSE OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE SOUGHT WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. IN SUP PORT OF THIS, H E SUBMITTED A COPY 2 M/S. DHARMESH CONSTRUCTION PVT. LTD. ACKNOWLEDGEMENT IN FORM S NO.1 , 3 AND 4 ISSUED BY THE DEPARTMENT AND T HESE FORMS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL, 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 WITH THE SE OBSERVATIONS, THE APPEAL BY THE ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 20.05.2021 SD/ - PA VAN KUMAR GADALE JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 20.05.2021 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