HIREN NAVINCHANDRA PARIKH, MUMBAI V. ASST CIT 25(2), MUMBAI

ITA 1325/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4399 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Assessee Lawyers: GUNAL BANSAL
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 1325 /MUM/2020 (A.Y: 2 0 09 - 10) HIREN NAVINCHANDRA PARIKH C/408, SHIRIN SIHRAB PALACE NARIMAN ROAD, VILLE PARLE (E) MUMBAI - 400057 PAN: AAEPP3029L V. ACIT - CIRCLE 25(2 ) KAUTILYA BHAVAN, NEAR VIDESH BHAVAN BANDRA KURLA COMPLEX BANDRA(E), MUMBAI - 400051 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI GUNAL BANSAL DEPARTMENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 13 .09.2021 DATE OF PRONOUNCEMENT : 13 .09.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 5 3 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 14.06.2019 FOR THE A.Y . 2009 - 10 . 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 12 TH A UGUST, 2021 AND SUBMITTED AS UNDER: - RE : SHRI HIREN NAVINCHANDRA PARIKH APPEAL NO. ITA - 1325/MUM/2020 A SSESSMENT YEAR 2009 - 10 REQUEST FOR ADJOURNMENT THE HEARING OF THE ABOVE REFERRED APPEAL IS FIXED ON 13 TH SEPTEMBER 2021. 2 ITA NO. 1325/MUM/2020 (A.Y: 2009 - 10) HIREN NAVINCHANDRA PARIKH AS OUR CLIENT HAS OPTED FOR PROPOSED 'VIVAD SE VISHWAS' SCHEME AND THE SAME IS UNDER PROCESS AS FINAL FORM 5 IS STILL AWAITED FROM THE AO. WE HEREBY REQUEST YOU TO KINDLY ADJOURN THE MATTER TO A LATER DATE. WE ARE ATTACHING FORM 1, 2, 3 & 4 FOR YOUR REFERENCE . 3. O N A PERUSAL OF THE ABOVE LETTER FILED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE AND ENCLOSED COPY OF FORM - 3 AND F ORM - 4 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 AND F ORM - 4 FROM THE REVENUE ACCEPTING THE SAID DECLARATION . A SSESSEE ALSO MADE PAYMENT FOR WHICH F ORM - 4 WAS ISSUED B Y THE REVENUE . ONLY F ORM - 5 IS AWAITING FROM R EVENUE . THEREFORE , SINCE ASSESSEE HAS OPTED TO SETTLE LITIGATION UNDER VIVAD SE VISHWAS SCHEME NO PURPOSE WOULD SERVE KEEPING THE APPEAL PENDING . R EQUEST FOR ADJOURNMENT IS REJECTED. A CCORDINGLY, THIS APPEAL IS DISMISSED WITH LIBERTY TO FILE MISCELLANEOUS APPLICATION BY THE ASSESSEE FOR RECALL OF THE APPEAL IN C ASE THE DECLARATION OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME IS N OT ACCEPTED . 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE VIRTUAL COURT ON 13 .09.2021 . SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 13 .09.2021 GIRIDHAR, SR.PS 3 ITA NO. 1325/MUM/2020 (A.Y: 2009 - 10) HIREN NAVINCHANDRA PARIKH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM