RAJESH BUILDERS, MUMBAI V. DCIT 22(2), MUMBAI

ITA 1115/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3681 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 17-02-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MALATHI PILLAI
• Section: 143(3); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , D BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM ITA NO. 1115/MUM/2017 ( ASSESSMENT YEAR : 2008 - 09 ) ITA NO. 1116/MUM/2017 ( ASSESSMENT YEAR : 200 6 - 07 ) ITA NO. 1117/MUM/2017 ( ASS ESSMENT YEAR : 2005 - 06 ) & ITA NO. 1118/MUM/2017 ( ASSESSMENT YEAR : 2007 - 08 ) M/S. RAJESH BUILDERS 1/1, GHANSHYAM BAUG, CAMA LANE, HANSOTI ROAD GHATKOPAR (W) MUMBAI 400 086 VS. ACIT - 22(2), MUMBAI PAN/GIR NO. AAEFR6687G (APPELLANT ) .. (RESPONDENT ) ASSES SEE BY MS. MALATHI PILLAI REVENUE BY SHRI BHARAT ANDHLE DATE OF HEARING 24 /02/2021 DATE OF PRONOUNCEMENT 24 / 02 /202 1 / O R D E R PER BENCH: ITA NO.1115/MUM/2017 (A.Y.2008 - 09) THIS APPEAL IN ITA NO. 1115/MUM/2017 FOR A.Y. 200 8 - 0 9 ARISE S OUT O F THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 25 , ITA NO S . 1115/MUM/2017 TO 1118/MUM/2017 M/S. RAJESH BUILDERS 2 MUMBAI IN APPEAL NO. CIT(A) - 25/IT/112/13 - 14 DATED 11/11/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 01/03/2013 BY THE LD. DCIT - 22(2) , MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO.1116/MUM/2017 (A.Y.2006 - 07) THIS APPEAL IN ITA NO. 1116/MUM/2017 FOR A.Y. 2006 - 07 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS ) - 25, MUMBAI IN APPEAL NO. CIT(A) - 25/IT/495/13 - 14 DATED 11/11/2016 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) . ITA NO.1117/MUM/2017 (A.Y.2005 - 06) THIS APPEAL IN ITA NO. 1117/MUM/2017 FOR A.Y. 2005 - 06 ARISE S OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 25, MUMBAI IN APPEAL NO. CIT(A) - 25/IT/110/13 - 14 DATED 11/11/2016 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 01/03/2013 BY THE LD. DCIT - 22(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO.1118/MUM/2017 (A.Y.2007 - 08) THIS APPEAL IN ITA NO. 1118/MUM/2017 FOR A.Y. 2007 - 08 ARISE S OUT OF THE ORD ER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 25, MUMBAI IN APPEAL NO. C IT(A) - 25/IT/ 2 9 /12 - 13 DATED 11/11/2016 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) . ITA NO S . 1115/MUM/2017 TO 1118/MUM/2017 M/S. RAJESH BUILDERS 3 2. W E FIND THAT THE LD. AR FILED A LETTER DATED 16/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION FILED IN FORM NO.1 & 2 UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR S UNDER CONSIDERATION AND HAD OBTAINED FORM NO.3 FROM THE DE SIGNATED AUTHORITY THEREON, COPIES OF WHICH W ERE ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THESE APPEALS PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL S RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL S OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 / 02 / 202 1 . SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 24 / 02 / 2021 KARUNA , SR.PS ITA NO S . 1115/MUM/2017 TO 1118/MUM/2017 M/S. RAJESH BUILDERS 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTR AR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//