SHRI SUSHIL GUPTA, MUMBAI V. INCOME TAX OFFICER WARD-17(3)(4), MUMBAI

ITA 1668/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4900 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 1668 / MUM/ 201 8 ( / ASSESSMENT YEAR: 20 09 - 10 ) SHRI SUSHIL GUPTA SHOP NO.6 - A, 51, NARAYAN DHURU STREET, MUMBA I - 400003 . / VS. ITO, WARD - 17(3)(4) ROOM NO.477, 4 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400020. ./ ./ PAN/GIR NO. : AHDPG 9628 C ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 03 / 0 3 / 20 2 1 /DATE OF PRONOUNCEMENT: 03 / 0 3 / 20 21 / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 05 . 0 1 .201 7 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 28 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y.2009 - 10 . 2 . WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. 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 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE 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 ISSED AS ASSESSEE BY : SHRI DINKLE HARIA REVENUE BY: SHRI T. S. KHALSA ( SR. A R) ITA NO. 1668 /M/20 1 8 A.Y.20 09 - 10 2 WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF TH E APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3 . THE LD. DR HAS NO OBJECTION TO THE ABOVE. 4 . IN VIEW OF THE ABO VE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 . ORDER PRONOUNCED IN THE OPEN COURT ON 03 / 0 3 /202 1 SD/ - SD / - ( SHA MIM YAHYA (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 03 / 03 / 202 1 V IJ AY PAL SINGH /SR.PS / 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./ASSTT. REGISTRAR) , / ITAT, MUMBAI