RAMESH B. MUSALE, MUMBAI V. ITO 21 (3)(1), MUMBAI

CO 278/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0590 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 19-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 4464/MUM/2019 (A.Y: 2010-11) THE I.T.O. 21 (3) (1), ROOM NO. 207, 2 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI - 400012 / VS. RAMESH B MUSALE, ROOM NO. 382, GROUND FLOOR, ADARSH NAGAR, BUILDING NO. 23, PRABHADEVI, MUMBAI - 400025 ./ ./ PAN/GIR NO. : AJTPM0744R ( / APPELLANT ) .. ( / RESPONDENT ) CO NO. 278/MUM/2019 (A.Y: 2010-11) RAMESH B MUSALE, ROOM NO. 382, GROUND FLOOR, ADARSH NAGAR, BUILDING NO. 23, PRABHADEVI, MUMBAI - 400025 / VS. THE I.T.O. 21 (3) (1), ROOM NO. 207, 2 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI - 400012 ./ ./ PAN/GIR NO. : AJTPM0744R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI BHARAT ANDHLE, DR / RESPONDENT BY : NONE / DATE OF HEARING 15/02/2021 / DATE OF PRONOUNCEMENT /02/2021 ITA NO. 4464 & CO NO. 278/MUM/2019 RAMESH B MUSALE - 2 - / O R D E R PER PAVAN KUMAR GADALE: THE APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -33, MUMBAI, PASSED U/S. 143 (3) AND 250 OF THE INCOME TAX ACT, 1961 AND THE CROSS OBJECTIONS BY THE ASSESSEE 2. AT THE TIME HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. WHEREAS,THE ASSESSEE HAS FILED A LETTER DATED 11.02.2021 THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020 IN THE REVENUE APPEAL. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE LD.DR AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED LETTER DATED 11.02.2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO ITA NO. 4464 & CO NO. 278/MUM/2019 RAMESH B MUSALE - 3 - PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE AND THE APPELLANT IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. SINCE, THE REVENUE APPEAL IS DISMISSED. THE CROSS OBJECTIONS FILED BY THE ASSESSEE WILL BE INFRUCTUOUS AND IS DISMISSED. 5. IN THE RESULT, APPEAL FILED BY THE REVENUE AND THE CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.02.2021. SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 15.02.2021 AK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT ITA NO. 4464 & CO NO. 278/MUM/2019 RAMESH B MUSALE - 4 - 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER ON