AMOGH BUILDCON PVT LTD ,MUMBAI vs. INCOME TAX OFFICER-12(1)-1 , MUMBAI
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI
‘A’ BENCH MUMBAI
BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI OMKARESHWAR CHIDARA, ACCOUNTANT MEMBER
आयकरअपीलसं./ITA Nos. 4118/MUM/2024(AY 2012-13)
(Hybrid Court hearing)
Amogh Buildcon Pvt Ltd,
7, Shantinath, Shopping Centre,
S.V.Road, Malad West,
Mumbai-400064. [PAN : AAACZ 1881 F]
बनाम
Vs
Income Tax Officer,1(2)(1),
M.K.Road, Mumbai-20
अपीलाथ /Appellant
थ /Respondent
िनधारतीकीओरसे /Assessee by Sh Ketan Vajani CA
राजकीओरसे /Revenue by Sh.Ramkishan Kedia CIT-DR
सुनवाईकीतारीख/Date of hearing
14.05.2025
उद्घोषणाकीतारीख/Date of pronouncement
14.05.2025
Order under section 254(1) of Income Tax Act
Per Omkareshwar Chidara (AM) 1. This Appeal by assessee is directed against the order of CIT(A) dated 19.06.2024 for AY 2012-13. 2. The ld authorised representative (AR) of the assessee filed an application for adjournment on the ground that that assessee has filed application for availing the benefits of Direct Vivad se Visvas Scheme -2024 (DVSV-2024). The assessee has also filed copy of Form-1 of DVSV-20 bearing acknowledgement No.922080390310325 dated 31.03.2025. This fact was confronted with learned departmental representative (DR) of the revenue. The ld. Sr-DR for the Revenue submits that he has no objection, if the appeal of the assessee is dismissed as “withdrawn”. Amogh Buildcon Pvt Ltd 2
We have considered the application of assessee for adjournment and find that the assessee has already filed application for availing the benefit of DVSV-2024 thus, the appeal of the assessee is dismissed as “withdrawn” with liberty to the assessee as well as to the Revenue that in case, if the application preferred by the assessee under DVSV-2024 does not get finally settled for any reason whatsoever, then both the parties are at liberty to prefer Miscellaneous Application (MA) before this Tribunal for restoration of the appeal or any further direction and in such event, the appeal shall get restore. The Assessing Officer is directed to pass the consequential order. 4. In the result, the appeal of the assessee is dismissed as withdrawn. Order announced on 14.05.2025 in the Hybrid Court hearing. (PAWAN SINGH) (OMKARESHWAR CHIDARA ) %ाियकसद'/Judicial Member लेखासद'/Accountant Member
Dated: 14.05.2025
Sr.P.S*
आदेशकी ितिलिपअ*ेिषत/ Copy of the order forwarded to :
•
अपीलाथ / The Appellant
•
थ / The Respondent
•
आयकरआयु+/ CIT
•
िवभागीय ितिनिध, आयकरअपीलीयआिधकरण, Mumbai/ DR, ITAT,Mumbai
•
गाडफाईल/ Guard File
By order/आदेशसे,
सहायकपंजीकार
आयकरअपीलीयअिधकरण, Mumbai