MR. MAHENDRA R CHHEDA, MUMBAI V. ACIT CIR. 17(2), MUMBAI

ITA 1352/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7123 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 28-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BHARTI SINGH
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI MAHAVIR SINGH (VICE PRESIDENT) AND SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) ITA NO. 1352/MUM/2020 ASSESSMENT YEAR: 2013-14 MR. MAHENDRA R. CHHEDA, PREM BHAVAN, 1 ST FLOOR, 234/36, NARSHI NATHA STREET, BHAT BAZAR, MUMBAI-400 009. VS. ACIT, CIRCLE 17(2), KAUTILYA BHAVAN, BKC, MUMBAI-400051. PAN NO. AABPC 2584 N APPELLANT RESPONDENT ASSESSEE BY : MR. VIRAJ MEHTA, AR REVENUE BY : MS. BHARTI SINGH, DR DATE OF HEARING : 30/08/2021 DATE OF PRONOUNCEMENT : 30/08/2021 ORDER PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-57, MUMBAI [IN SHORT CIT(A)] FOR THE ASSESSMENT YEAR 2013-14 DATED 22.01.2019 AND ARISES OUT OF ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT ASSESSEE HAS PREFERRED TO SETTLE THE ISSUE UNDER VIVAD SE VISHWAS ACT, 2020 AND RELEVANT INFORMATION IS FILED VIDE LETTER DATED 31.08.2021 AND SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND CONFIRMED THE RECEIPT OF FORM NO. 3. MR. MAHENDRA R. CHHEDA ITA NO. 1352/M/2020 2 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, AND RECEIVED THE CONFIRMATION OF FORM NO. 3. THEREFORE, WE ARE INCLINED TO DISMISS THE APPEAL AS PER ASSESSEES REQUEST AS WITHDRAWN. IN CASE FOR SOME REASON, THE REVENUE DISMISS THE PLEA OF THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME, 2020, IT CAN APPLY TO RESTORE THE MATTER IN DUE COURSE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 30/08/2021. SD/- SD/- ( MAHAVIR SINGH ) ( S. RIFAUR RAHMAN ) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI; DATED: 30/08/2021 RAHUL SHARMA, SR. P.S. 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI