SHRI. SURESH KRISHNA SHETTY, Mumbai V. ITO 29(3)(4), Mumbai

ITA 2459/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2253 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 18-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 2459 /MUM. /201 9 ( ASSESSMENT YEAR : 20 14 15 ) SHRI SURESH KRISHNA SHETTY 502/A, MAPLE HEIGHTS BALARAJESHWAR ROAD MULUND (W), MUMBAI 400 080 PAN ACKPS7688C . APPELLANT V/S INCOME TAX OFFICER WARD 29(3)(4), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : S HRI SANJAY J. SETHI DATE OF HEARING 24.11.2020 DATE OF ORDER 24.11.2020 O R D E R TH E AFORESAID APPEAL HAS BEEN FILED BY T H E ASSESSEE CHALLENGING THE ORDER DATED 11 TH FEBRUARY 2019, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 40 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 201 4 15 . 2. THE ASSESSEE HAS FILED A LETTER DATED 23 RD NOVEMBER 20 20, BEFORE THE REGISTRY OF THE TRIBUNAL SEEKING WITHDRAWAL OF THE APPEAL IN VIEW OF THE FACT THAT HE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME , 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS 2 SHRI SURESH KRISHNA SHETTY ACCOMPANIED BY THE ACKNOWLEDG EMENT IN FORM I AND II OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL AS HE HAS APPLIED FOR SETTLING THE DIS PUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, I PERMIT THE AS SESSEE TO WITHDRAW THE APPEAL AT THIS STAGE. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR , IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY , IF ANY , SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. THIS IS IN VIEW OF THE DECISION OF THE HON BLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY M OHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. WITH THE AFORESAID OBSERVATION S , THE APPEAL IS DISMISSED AS WITHDRAWN. 3 SHRI SURESH KRISHNA SHETTY 5. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.11.2020. SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 24.11.2020. COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI