SIDDHESH CAPITAL MARKET SERVICES P.LTD, MUMBAI V. DCIT CIR 3(3)(1), MUMBAI

ITA 7343/MUM/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4906 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 22-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO.7343 /MUM/201 7 ( / ASSESSMENT YEAR: 20 11 - 12 ) / I .T.A. NO.7344 /MUM/201 7 ( / ASSESSMENT YEAR: 20 12 - 13 ) / I .T.A. NO.7345 /MUM/201 7 ( / ASSESSMENT YEAR: 20 13 - 14 ) SIDDHESH CAPITAL MARKET SERVICES PVT. LTD., 122, MAKER CHAMBER III, NARIMAN POINT, MUMBAI - 400021. / VS. DCIT, CIRCLE - 3(3) (PRESENT CHARGE DY. CIT - 3(3)(1), MUMBAI) ROOM NO. 609, 6 TH FLOOR, AAYAKAR BHAVAN, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AACCS4582N ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 01/03 /20 21 /DATE OF PRONOUNCEMENT: 01 /03 / 2021 / O R D E R PER AMARJIT SINGH, JM: THESE THREE APPEAL S FILED BY THE ASSESSEE AGAINST TH E COMMON ORDER DATED 01 . 09 .201 7 PASSED BY THE COMMIS SIONER OF INCOME TAX (APPEALS) - 8 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y S .2011 - 12 TO 2013 - 14 . 2. WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WHEN THESE APPEALS WERE CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE ASSESSEE BY : SHRI SNEHAL BAMNE (AR) REVENUE BY: SHRI T.S. KHALSA (SR. A R) ITA NO S . 7343 TO 7345 /M/201 7 A.Y.2011 - 12 TO 2013 - 14 2 NECESSARY DECLARATION UNDER DIRECT TAX VIV AD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEALS. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEALS BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEALS ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEM E. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEALS AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAV E LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEALS. 5 . IN THE RESULT, ALL THE APPEAL S ARE DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 01 / 03 /202 1 SD / - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED : 01 /03/2021 VIJAY PAL SINGH/SR.PS ITA NO S . 7343 TO 7345 /M/201 7 A.Y.2011 - 12 TO 2013 - 14 3 / 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// / /(DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI