M/S GRENTEX AND COMPANY PVT. LTD., Mumbai V. DCIT 14(1)(2), Mumbai

ITA 966/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4902 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 20-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 13; 22

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.966 /MUM/201 9 ( / ASSESSMENT YEAR: 20 1 2 - 13 ) M/S. GRENTEX AND COMPANY PRIVATE LIMITED GRWM COMPOUND, LBS MAR G, GHATKOPAR (W), MUMBAI - 400086 . / VS. DCIT 14(1)(2) AAYAKAR BHAVAN, MUMBAI. ./ ./ PAN/GIR NO. : AAACG2810P ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 04 / 0 3 /20 2 1 /DATE OF PRONOUNCEMENT: 04 /03 / 20 21 / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 20 . 0 2 .201 8 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 22 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y.201 2 - 13 . 2 . WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PART IES AND PERUSED THE RECORD. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS PREFERRED TO GO WITH VIVAD SE VISHWAS SCHEME AND IN THIS REGARD THE LETTER DATED 03.03.2021 HAS BEEN FILED. COPY OF LETTER IS ON RECORD WHICH SPEAKS THAT THE ASSESSEE HAS AVAILED THE VIVAD SE VISHWAS SCHEME AND FORM NOS. 1 & 2 HAS BEEN FILED. THE CLAIM OF THE ASSESSEE HAS BEEN APPROVED BY DEPARTMENT AND THE DEPARTMENT ISSUED THE FORM NO. 3 VIDE LETTER DATED ASSESSEE BY : SHRI MILIN DATTANI REVENUE BY: SHRI T. S. KHALSA ( S R. A R) ITA NO. 966 /M/20 1 9 A.Y.20 12 - 13 2 27.01.2021 UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF TH E APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3 . THE LD. DR HAS NO OBJECTION TO THE ABOVE. 4 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5 . IN THE RESULT, THE APPEAL IS DISMISSED A S WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 04 / 0 3 /202 1 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED : 04 /0 3 / 202 1 V IJAY PAL SINGH /SR.PS ITA NO. 966 /M/20 1 9 A.Y.20 12 - 13 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLA NT 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