NEVILLE H MEHTA, MUMBAI V. ASST CIT 16(1), MUMBAI

ITA 1429/MUM/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1419 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 10-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NEVILLE H MEHTA; SANJAY PARIKH T HE V TRIPATHI

Judgement Text

ITA NO. 1429 /MUM/ 2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [CORAM : PRAMOD KUMAR (VICE PRESIDENT) A ND AMARJIT SINGH (JUDICIAL MEMBER) ] ITA NO. 1429/ MUM/ 2015 ASSESSMENT Y EAR: 2008 - 09 M/S. NEVILLE H. MEHTA .APPELLANT 84, BHAKTAWAR APTS. 22, NARAYAN DABHOLKAR ROAD, MALABAR HILL, MUMBAI - 400 006 [PAN: AAEPM 1202 A ] VS ACIT - 16(1) ..........RESPONDENT 2 ND FLOOR, MATRU MANDIR BUILDING, TARDEO ROAD, MUMBAI - 400 007 APPEARANCES BY NEVILLE H. MEHTA & SANJAY PARIKH FOR T HE AP P ELLANT V. TRIPATHI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 26 , 2020 DATE OF PRONOUNC EMENT : NOVEMBER 12 , 2020 ORDER PER PRAMOD KUMAR, VP : 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 15.12.2014 PASSED BY THE LEARNED CIT(A) - 30 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) R.W.S. 263 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 20 08 - 09. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (A CT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE ITA NO. 1429 /MUM/ 2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 2 OF 3 SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISM I SSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME . 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. I N VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 12 TH NOVEMBER , 20 20 . SD/ - SD/ - AMARJIT SINGH PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI , D ATED THE 12 TH D AY OF NOVEMBER , 2020 ROSHANI, SR. PS COPIES TO : (1) THE APPLICANT (2) THE RESPONDEN T (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI ITA NO. 1429 /MUM/ 2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 3 OF 3 SR. NO. DETAILS DATE INITIALS DESIGNATIO N 1 DRAFT DICTATION SHEETS ARE ATTACHED YES SR.PS/PS 2 DRAFT DICTATED ON 5.11.20 SR.PS/PS 3 DRAFT PLACED BEFORE AUTHOR 5.11.20 SR.PS/PS 4 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 5 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 6 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 7 ORDER PRONOUNCEMENT ON SR.PS/PS 8 FILE SENT TO THE BENCH CLERK SR.PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE AR 11 DATE OF DISPATCH OF ORDER