BHARAT PETROLEUM CORPORATION LTD., MUMBAI V. ASST CIT CIRCLE- 2 (1)(1), MUMBAI

ITA 7483/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5566 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2016-2017
• Appeal Filed On: 05-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 7483 /MUM./2019 ( ASSESSMENT YEAR : 20 16 17 ) BHARAT PETROLEUM CORPORATION LTD. TAXATION SECTION, BHARAT BHAVAN 1 4&6 CURRIMBHOY ROAD, BALLARD ESTATE MUMBAI 400 001 PAN AAACB2902M . APPELLANT V/S ASSTT . COMMISSIONER OF INCOME TAX CIRCLE 2 ( 1 ) (1) , MUMBAI . RESPONDENT ITA NO. 7431 /MUM./2019 ( ASSESSMENT YEAR : 20 16 17 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1), MUMBAI . APPELLANT V/S BHARAT PETROLEUM CORPORATION LTD. TAXATION SECTION, BHARAT BHAVAN 1 4&6 CURRIMBHOY ROAD, BALLARD ESTATE MUMBAI 400 001 PAN AAACB2902M . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI THARIAN OOMMEN DATE OF HEARING 2 9 .0 4 .202 1 DATE OF ORDER 29.04.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID CROSS HAVE ARE AGAINST ORDER DATED 30 TH SEPTEMBER 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 53 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 20 16 17 . 2 BHARAT PETROLEUM CORPORATION LTD. 2. WHEN THE CASE WAS CALLED FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE TO REPRESENT ITS CASE. HOWEVER, WE HAVE HEARD THE LEARN ED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MATERIAL ON RECORD. 3. AS IT APPEARS FROM THE RECORD, THE ASSESSEE HAS FILED A LETTER DATED 1 9 TH APRIL 2021, SEEKING WITHDRAWAL OF ITS APPEAL S IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY T HE ASSESSEE IS ACCOMPANIED B Y THE CERTIFICATE IN FORM 3 ISSUED BY THE REVENUE. THE AFORESAID ALONG WITH COPY OF FORM NO.3, SUBMITTED BY THE ASSESSEE ARE KEPT ON RECORD. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 5. 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 AT THIS STAGE S INCE THE DEPARTMENT ISSUED FORM NO.3 . WITH THE SE OBSERVATIONS, THE APPEAL S BY THE ASSESSEE AS WELL AS REVENUE ARE LIABLE TO BE DISMISSED AS WITHDRAWN . 3 BHARAT PETROLEUM CORPORATION LTD. 6. IN THE RESULT, APPEAL S S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 29.04.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 29.04.2021 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