MUKAND LTD, MUMBAI V. DCIT 3(2), MUMBAI

MA 77/MUM/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3806 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 16-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PARTH ACHWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUM BAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDUCIAL MEMBER M.A. NO.77/MUM/2021 (ARISING OUT OF ITA NO.1626/MUM/2012) (ASSESSMENT YEAR: 2006-07) MUKAND LIMITED BAJAJ BHAVAN, 3 RD FLOOR 226, NARIMAN POINT MUMBAI-400 021 VS. DCIT-3(2) AAYKAR BHAWAN, M.K.ROAD MUMBAI-400 020 PAN/GIR NO. AAACM5008R ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI PARTH ACHWAL RESPONDENT BY : SHRI SUNIL MISHRA DATE OF HEARING : 04.06.2021 DATE OF PRONOUNCEMENT : 07.06.2021 PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESS EE SEEKS RECALL OF THE TRIBUNAL IN ITA NO.1626/MUM/2012 VIDE ORDER DATED 18.11.202 0. 2. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE R ECORDS. IT HAS BEEN PLEADED THAT EARLIER ASSESSEE HAD OPTED TO WITHDRAW THIS APPEAL AS ASSESSEE WAS OPTING FOR SETTLEMENT OF DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. HENC E, ON ASSESSEES REQUEST THE ITAT HAD DISMISSED THIS APPEAL AS WITHDRAWN IN A CONSOLI DATED ORDER. 3. NOW, THE ASSESSEE WANTS TO PURSUE THE APPEAL, H ENCE IT IS PLEADED THAT TRIBUNAL ORDER QUA, THIS APPEAL BE RECALLED. 2 M.A. NO.77/MUM/2021 4. WE ACCEPT THE ASSESSEES REQUEST AS IN OUR AFORE SAID ORDER, WE HAD GIVEN LIBERTY TO ASSESSEE TO SEEK RECALL OF THE ORDER, IF THE ASSESS EE SO WISHES IF THE RESOLUTION OF DISPUTE UNDER THIS SCHEME DOES NOT PROCEED. ACCORDINGLY, TH E ABOVE SAID ORDER OF THE TRIBUNAL IS DULY RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN NORMAL COURSE. 5. IN THE RESULT, THE ASSESSEES MISCELLANEOUS APPL ICATION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.06.2021 SD/- SD/- (PAVAN KUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 07.06.2021 THIRUMALESH , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI