ISLAM GYMKHANA, MUMBAI v. INCOME TAX OFFICER(e)-3, MUMBAI

ITA 5437/MUM/2019 | 2012-2013
Pronouncement Date: 03-03-2021 | Result: Dismissed

Appeal Details

RSA Number 543719914 RSA 2019
Assessee PAN AAATI3411M
Bench Mumbai
Appeal Number ITA 5437/MUM/2019
Duration Of Justice 1 year(s) 6 month(s) 11 day(s)
Appellant ISLAM GYMKHANA, MUMBAI
Respondent INCOME TAX OFFICER(e)-3, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 03-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 03-03-2021
Last Hearing Date 03-03-2021
First Hearing Date 03-03-2021
Assessment Year 2012-2013
Appeal Filed On 21-08-2019
Judgment Text
ITA NO. 5437/MUM/2019 A.Y. 2012 - 13 ISLAM GYMKHANA VS. ITO (E) - 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5437 /MUM/2019 (ASSESSMENT YEAR: 2012 - 13 ) ISLAM GYMKHANA 75A NETAJI SUBHASHCHANDRA ROAD NEW MARINE LINES MUMBAI 400002 VS. INCOME TAX OFFICER (E) - 3 ROOM NO. 511 5 TH FLOOR PIRAMAL CHAMBERS PAREL MUMBAI - 400012 PAN NO. AAATI3411M (ASSESSEE) (REVENUE) ASSESSEE BY : MS. RITU A.R REVENUE BY : MS. SHREEKALA PAREDESHI D.R DATE OF HEARING : 03/03 /2021 DATE OF PRONOUNCEMENT : 03 /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) - 3 MUMBAI WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSE D BY THE A.O UNDER SEC. 271(1)(B ) OF THE INCOME - TAX ACT 1961 DATED 30.03.2015 FOR ASSESSMENT YEAR 2012 - 13. 2. THE ASSESSEE HAS E - FILED A LETTER ON 2 ND MARCH 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 DIRECT 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 IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACT S THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3.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. 5437/MUM/2019 A.Y. 2012 - 13 ISLAM GYMKHANA VS. ITO (E) - 3 2 4. IN VIEW OF THE ABOVE WE DISMISS THE APPEAL AS WITHDRAWN SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 03 /03/2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 03 .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