ARIHANT UNIVERSAL REALTY PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-01, THANE, MUMBAI

MA 291/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5253 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 02-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “A” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Pavankumar Gadale (JM) M.A. No. 291/Mum/2021 in I.T.A. No. 4342/Mum/2017 (A.Y. 2009-10) M/s. Arihant Universal Realty Pvt. Ltd. Arihant Aura, 1101, 11 th Floor, B-Wingh, Plot No. 13/1 TTC Industrial Area, Thane Belapur Road, Turbhe, Navi Mumbai-400 705 PAN : AAFCA8671B Vs. DCIT CC-01 Ashar I.T. Park 6 th Floor, Room No. 10, A-Wing Road No. 16-Z Wagle Industrial Estate, Thane Maharashtra (Appellant) (Respondent) Assessee by Shri Mani Jain Department by Shri Tejinder Pal Singh Date of Hearing 04.02.2022 Date of Pronouncement 07.02.2022 O R D E R Per Shamim Yahya (JM) :- By way of this miscellaneous application assessee seeks recall of the order of this Tribunal in Income Tax Appeal number 4342/Mum/2017 vide order dated 4.2.2021 in which the assessee’s appeal was treated as withdrawn. 2. In the said order ITAT had noted that assessee was contemplating to settle the dispute under the VSV scheme. In the said order liberty was also granted to the assessee for seeking recall if the issue was not so resolved. Since now the assessee is seeking a recall to pursue the appeal in Tribunal and it is not the case that dispute is settled in VSV scheme we recall the above order of the tribunal. Accordingly the above said order of the tribunal is duly recalled. The registry is directed to fix the appeal for hearing in normal course. M/s. Siddhivinayak Associates 2 3. In the result the miscellaneous application stands allowed Order pronounced in open court 7.2.2022. Sd/- Sd/- (PAVANKUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 07/02/2022 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// (Assistant Registrar) PS ITAT, Mumbai