DEENYAR SHERIAR JEHANI, MUMBAI V. ITO 17 (1)(3), MUMBAI

ITA 294/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9680 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 22-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

ITA NO. 294/MUM/2019 ASSESSMENT YEAR: 2015 - 16 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 294/MUM/2019 ASSESSMENT YEAR: 2015 - 16 DEENYAR SHERIAR JEHANI .. APPELLANT 49 - B, PIPEWALLA BUILDING, 4 TH , PASTA LANE, COLADA, MUMBAI 400005 [PAN: AABPJ7382F] VS. INCOME TAX OFFICER - 317(1)(3) MUMBAI. .RESPONDENT APPEARANCES: NONE FOR THE APPELLANT BHARAT ANDHALE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : DECEMBER 22 ND , 2020 DATE OF PRONOUNCEMENT : DECEMBER 22 ND , 2020 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 17.12.2018 PASSED BY THE LEARNED CIT(A ) - 28 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2015 - 16 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, IT IS NOTICED THAT THE ASSESSEE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) HAS IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. 3. THE LD. DR ALSO DID ACCEPT OUR SUGGESTION THAT THIS APPEAL CAN BE DISMISSED, WITH THE LIBERTY TO THE ASSESSEE TO APPROACH THE TRIBUNAL, IF FOR SOME UNFORESEEN REASON, THERE ARE ISSUES WITH RESPECT TO SETTLEMENT OF THE MATTER UNDER VIVAD SE VISHWAS SCHEME, 2020. ITA NO. 294/MUM/2019 ASSESSMENT YEAR: 2015 - 16 PAGE 2 OF 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOL VED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY O N THE 22 ND DECEMBER, 2020. S D / - S D / - JUSTICE P. P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 22 ND DAY OF DECEMBER , 2020 N.V, SR.PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI