MR. NARESH K. MEHTA , MUMBAI V. ACIT - 15(3), MUMBAI

ITA 1940/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9801 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 23-11-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.1940/MUM/2020 (A.Y: 2011-12) MR. NARESH MEHTA 9, MULJI THAKARSHI BLDG, SINDHI LANE, NANUBHAI, DESAI ROAD, MUMBAI 400004 VS. ACIT 15(3) AAYAKAR BHAVAN, MK ROAD, MUMBAI 400020. ./ ./ PAN/GIR NO. : AETPM3540G APPELLANT .. RESPONDENT APPELLANT BY : SHRI POOJAN MEHTA . AR RESPONDENT BY : SH RI THARIAN OOMMEN . DR DATE OF HEARING 08 .0 6 .2021 DATE OF PRONOUNCEMENT 10 .0 6 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-54, MUM BAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, THE LD. COUNSEL FOR THE ASS ESSEE HAS FILED A LETTER DT 19.05.2021 MENTIONING THAT THE ASSESSEE INTEND TO SETTLE THE TAX LITIGATION BY OP TING FOR VIVAD SE VISHWAS SCHEME 2020 (VSVS2020) AND FILED AN ITA NO. 1940/MUM/2020 MR. NARESH MEHTA, MUMBAI - 2 - APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 202 0. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE LD.AR HAS FILED A LET TER MENTIONING THAT THE ASSESSEE HAS OPTED FOR VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.06.2021 SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 10.06.2021 KRK, PS ITA NO. 1940/MUM/2020 MR. NARESH MEHTA, 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