RISHI MEHTA , Mumbai V. ITO 10 (1)(4), Mumbai

ITA 1726/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5607 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 25-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R M MADHVI
• Section: 143(3); 201; 147; 263; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE SHRI SAKTIJIT DEY (JM) & SHRI RAJESH KUMAR (AM) ITA NO. 1726 /MUM/2019 ASSESSMENT Y EAR: 201 1 - 12 RISHI MEHTA, 25 G & O, LAXMI IND ESTATE, NEW LINK ROAD, ANDHERI ( WEST), MUMBAI - 400053 PAN: AFOPM1303D VS. INCOME TAX OFFICER, WARD 10(1)(4), 25/B, GROUND FLOOR, AAYKAR BHAWAN, M.K. MARG, CHURCHGATE, MUMBAI - 400020 (APPELLANT) (RESPONDENT) & ITA NO. 3198/MUM/2019 ASSESSMENT Y EAR: 2011 - 12 RISHI MEHTA, 25 G & O, LAXMI IND ESTATE, NEW LINK ROAD, ANDHERI (WEST), MUMBAI - 400053 PAN: AFOPM1303D VS. PRINCIPAL COMMISSIONER OF INCOME TAX 10, 416/482, 4 TH FLOOR, AAYKAR BHAWAN, M.K. MARG, CHURCHGATE, MUMBAI - 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : R.M. MADHVI (CIT DR) DATE OF HEARING : 31 /08 /202 1 DATE OF PRONOUNCEMENT: 31 / 08 /202 1 O R D E R PER SAKTIJIT DEY , JM CAPTIONED APPEALS BY THE SAME ASSESSE E , ARE AGAINST TWO SEPARATE ORDERS , ONE PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 17, MUMBAI DATED 25.02.2019 WHILE DISPOSING OF ASSESSEES APPEAL ARISING OUT OF ASSESSMENT ORDER PASSED UNDER SECTION 143(3) READ WITH SECTION 147 OF THE ACT 2 ITA NO S . 1726 & 3198 / MUM/2019 ASSESSMENT YEAR: 201 1 - 1 2 FOR THE ASSESSMENT YEAR 2011 - 12 AND SECOND ONE IS AGAINST ORDER DATED 29.03.2019 PASSED BY THE PRINCIPAL COMMISSIONER OF INCOME TAX - 10, MUMBAI UNDER SECTION 263 OF THE ACT FOR THE VERY SAME ASSESSMENT YEAR. 2. WHEN THE APPEALS WERE TAKEN UP FOR HEARING, NO O NE WAS PRESENT FOR THE ASSESSEE. HOWEVER, ASSESSEE HAS FURNISHED LETTER DATED 27.03.2021 SEEKING WITHDRAWAL OF THE APPEALS , AS , THE DISPUTE ARISING IN THE APPEALS HAVE BEEN SETTLED UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 WITH THE ISSUANCE OF FORM - 5 BY THE DESIGNATED AUTHORITY. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO WITHDRAWAL OF THE APPEALS BY THE ASSESSEE. 4. IN VIEW OF THE FACTS DISCUSSED ABOVE AND CONSIDERING ASSESSEES REQUEST, WE PERMIT WITHDRAWAL OF THE CAPTIONED APPEA LS . ACCORDINGLY, APPEAL S ARE DISMISSED AS WITHDRAWN. 5. IN THE RESULT, BOTH THE APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST , 2021 . SD/ - SD/ - ( RAJESH KUMAR ) A CCOUNTANT MEMB ER (SAKTIJIT DEY) JUDICIAL MEMBER MUMBAI ; DATED: 31 / 08 /202 1 ALINDRA, PS 3 ITA NO S . 1726 & 3198 / MUM/2019 ASSESSMENT YEAR: 201 1 - 1 2 / 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