MR. SANJAY A. MAHADIK, MUMBAI V. ACIT-26(3), MUMBAI

ITA 1472/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8806 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 12-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAILAJA RAJ
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 1472 & 1473/MUM/2019 (A.YS: 2010-11 & 2011-12) SHRI SANJAY A MAHADIK, 1501, DWARKAMAL TOWERS, BHAGAT GALLI, TALKAL WADI, MAHIM, MUMBAI 400016 VS. ACIT 26(3) BANDRA KURLA COMPLEX, C-11, BANDRA, MUMBAI 400051. ./ ./ PAN/GIR NO. : AAHPM7703P APPELLANT .. RESPONDENT APPELLANT BY : NONE (LETTER DT 02 - 02 - 2021) RESPONDENT BY : SHRI SAILAJA RAJ , SR. DR DATE OF HEARING 24 .0 3 .2021 DATE OF PRONOUNCEMENT 25 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE. JM : THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 38 MUMBAI, PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THE ASSESSEE HAS FILED A LETTER DATED 02 -03- 2021 EXPLAINING THAT THE ASSESSEE IS INTEND TO SETT LE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME ITA NO. 1472 & 1473/MUM/2019 SANJAY A. MAHADIK, MUMBAI - 2 - 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO . 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED A LE TTER DT 02-03-2021 MENTIONING THAT THE ASSESSEE HAS APPL IED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDI NG. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, BOTH THE APPEALS FILED BY THE AS SESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADA LE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 25.03.2021 KRK, PS ITA NO. 1472 & 1473/MUM/2019 SANJAY A. MAHADIK, MUMBAI - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI