M/S MACROTECH DEVELOPERS LTD [SUCESSOR TO ADINATH BUILDERS PVT LTD], MUMBAI V. DY CIT CC 7 (3), MUMBAI

ITA 7984/MUM/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 7146 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 26-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NEELAM BOHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “F” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, HON'BLE JUDICIAL MEMBER ITA NO. 7984/MUM/2019 (A.Y: 2007-08) Macrotech Developers Ltd., {Successor to Adinath Builders Pvt. Ltd.,} 412, 4th Floor, 17G Vardhaman Chamber Cawasji Patel Road Horniman Circle, Fort Mumbai - 400001 PAN: AAFCA9028E v. DCIT – Central Circle – 7(3) Room No. 655, 6th Floor Aayakar Bhavan, M.K. Road Mumbai - 400020 (Appellant) (Respondent) Assessee by : Neelam Bohra Department by : S.N.Kabra Date of Hearing : 13.09.2021 Date of Pronouncement : 01.12.2021 O R D E R PER. S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–49, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 17.09.2019 for the A.Y. 2007-08. 2 ITA NO. 7984/MUM/2019 (A.Y: 2007-08) Macrotech Developers Ltd., 2. Assessee filed a letter dated 23 rd July 2021 and submitted as under: “Ref: Macrotech Developers Limited (Successor to Adinath Builders Private Limited) ITA No : 7984/ Mum/ 2019 Assessment Year : 2007-08 Sub : Request for Withdrawal of Appeal of above mentioned appeal In case of above mentioned appeals, we would like to state that the appellant has opted for the “Vivad se Vishwas Scheme, 2020”. We enclose herewith copy of Form 5 issued under Vivad se Vishwas Rules by PCIT (Central), Mumbai-4. In view of the same, Appellant wish to withdraw the aforesaid mentioned Appeal and request Your Honor to kindly pass the order accordingly.” 3. On a perusal of the above letter filed by the assessee and enclosed copy of Form-5 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-5 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced on 01.12.2021 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board. Sd/- Sd/- (PAVAN KUMAR GADALE) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 01.12.2021 Giridhar, Sr.PS 3 ITA NO. 7984/MUM/2019 (A.Y: 2007-08) Macrotech Developers Ltd., Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum