SHRI. BIPIN TALAKHSHI SHAH, MUMBAI V. ITO 20 (1)(3), MUMBAI

ITA 160/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9077 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 06-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMMEN TARIAN
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 160/MUM/2020 (A.Y: 2009-10 ) SHRI BIPIN TALAKHSHI SHAH 601, 6 TH FLOOR, PALLAI HOUSE SHANKAR MATTHAM ROAD, MATUNGA (CR), MUMBAI 29 / VS. ITO 20(1)(3) MUMBAI ./ ./ PAN/GIR NO. : AAIPS6113L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI OOMMEN TARIAN, (DR) / DATE OF HEARING 07/01/2021 !'# / DATE OF PRONOUNCEMENT 07/01/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 32, MUMBAI, PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE ASSESSEE FILED A LETTER DATED 23-12-2020 THAT THE ASSESSEE IS INTENDED TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE ITA NO S. 160 /MUM/2020 SHRI BIPIN TALAKHSHI, MUMBAI. - 2 - VISHWAS SCHEME 2020(VSVS2020) AND FILING AN APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE LD.DR AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD S E VISHWAS SCHEME 2020 AND HAS FILED A LETTER DATED 23.12.2020 MENTIONING THAT THE ASSESSEE HAS OPTED FOR VSVS 2020 SCHEME AND PERMISSION TO WITHDRAW THE APPEAL. WE ARE OF THE VIEW THAT, NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATIO N U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER I N ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07.01.2021 SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 07.01.2021 ITA NO S. 160 /MUM/2020 SHRI BIPIN TALAKHSHI, MUMBAI. - 3 - KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI