KEDAR RAMESH VAZE, Mumbai V. ACIT 29(2), Mumbai

ITA 2617/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9044 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2014-2015
• Appeal Filed On: 26-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO. 2617/MUM/2019 ( ASSESSMENT YEARS: 2014-15 ) KEDAR RAMESH VAZE C/O. KELKAR & CO. LTD, LBS MARG, MULUND (W) MUMBAI 400080. / VS. ACIT 29(2) R.NO. 202, 2 ND FLOOR, C-10, PRATYAKSHAKAR BHAVAN, BKC, MUMBAI ./ ./ PAN/GIR NO. : AAAPV9721H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI GURBINDER SINGH, DR / DATE OF HEARING 31/12/2020 !'# / DATE OF PRONOUNCEMENT 31/12/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -40, MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, WE FIND THE ASSESSEE HAS SUBMITTED A LETTER DATED 28-12-2020 MENTIONING THAT THE ASSESSEE INTENDED TO SETTLE THE TAX LITI GATION ITA NO . 2617 /MUM/2019 KEDAR RAMESH VAZE, MUMBAI. - 2 - BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND ENCLOSED FORM-3 AND ALSO PERMISSION FOR WITHDRAWAL OF THE ASSESSEE S APPEA L. CONTRA, THE LD. DR HAS NO SERIOUS OBJECTIONS. 3. WE HEARD THE LD. DR AND PERUSED THE MATERIAL O N RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD S E VISHWAS SCHEME 2020 AND OBTAINED FORM-3 UNDER VSVS RULES2020. WE ARE OF THE 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 31.12.2020 SD/- SD/- (MANOJ KUMAR AGGARWAL) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL M EMBER MUMBAI, DATED 31/12/2020 ITA NO . 2617 /MUM/2019 KEDAR RAMESH VAZE, MUMBAI. - 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