MR. NAZIM S. MANEKIA, MUMBAI V. THE ITO 18(3)(3), MUMBAI

ITA 226/MUM/2008

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9080 (ITAT-MUMBAI)
• Duration Of Justice: 12 year(s) 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 10-01-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMMEN THARIAN
• 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. 226/MUM/2008 (A.Y: 2004-05 ) MR. NAZIM S. MANEKIA 3, LANDMARK SENAPATI BAPAT MARG, MAHIM(W) MUMBAI 400 016. / VS. ITO 18(3)(3) MUMBAI. ./ ./ PAN/GIR NO. : AACPM9913K ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI HIRO RAI & MS. RITU PUNJABI / RESPONDENT BY : SHRI OOMMEN THARIAN, DR / DATE OF HEARING 05/01/2021 !'# / DATE OF PRONOUNCEMENT 06/01/2021 / 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) - XXVIII, MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME ITA NO S. 226 /MUM/2008 MR. NAZIM & MANEKIA. - 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 CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED AN APPLICATION AS ENVISAGED BY THE LD.AR. WE ARE OF TH E VIEW THAT, NO PURPOSE WILL 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 06.01.2021 SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 06.01.2021 ITA NO S. 226 /MUM/2008 MR. NAZIM & MANEKIA. - 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