BAJAJ HINDUSTHAN SUGAR LTD, MUMBAI V. DCIT RG 3|(1)(1), MUMBAI

ITA 922/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3673 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-07-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 09-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Assessee Lawyers: GAJENDRA
• Section: 143(3)

Judgement Text

ITA NO.922/MUM/2017 A.Y. 2011 - 12 BAJAJ HINDUSTAN SUGAR LIMITED VS. DCIT, RANGE 3(1)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 922/MUM/2017 (ASSESSMENT YEAR: 2011 - 12 ) BAJAJ HINDUSTAN SUGAR LIMITED, BAJAJ BHAWAN, 2 ND FLOOR, JAMNALAL BAJAJ MARG, 226, NARIMAN POINT, MUMBAI 400 021 VS. DY. COMMISSIONER OF INCOME TAX, RANGE 3(1)(1), AAYAKAR BHAVAN, MUMBAI PAN NO. AAACB4351J (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI GAJENDRA, A.R REVENUE BY : SHRI THARIAN OOMMEN , D.R DATE OF HEARING : 04/03 /2021 DATE OF PRONOUNCEMENT : 04 /03/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 8 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 27.03.2015 FOR ASSESSMENT YEAR 2011 - 12. 2. THE ASSESSEE HAS FILED A LETTER DATED 19 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT IT HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL AND HAS RECEIVED THE CERTIFICATE UNDER SUB - SECTION (1) OF SEC. 5 OF DI RECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER FORM 3 ISSUED BY THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORES AID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.922/MUM/2017 A.Y. 2011 - 12 BAJAJ HINDUSTAN SUGAR LIMITED VS. DCIT, RANGE 3(1)(1) 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY E VENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREIN ABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 04 /03/2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 04 .03. 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