VIMAL KUMAR JAGNANI, MUMBAI V. ITO 18(3)(5), MUMBAI

ITA 3141/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3461 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 10-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: DINESH JAIN
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 3141 & 3142/MUM/2019 (A.YS: 2008-09 & 2009-10) VIMAL KUMAR JAGNANI, 87, DADISETH AGYARI LANE, KALBADEVI ROAD, MUMBAI 400002 VS. ITO 18(3)(5) 6 TH FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI 400021. ./ ./ PAN/GIR NO. : AAIPJ4185D APPELLANT .. RESPONDENT APPELLANT BY : SHRI DINESH JAIN , AR RESPONDENT BY : MS. SMITA VERMA, DR DATE OF HEARING 12 .0 3 .2021 DATE OF PRONOUNCEMENT 15 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE: THESE TWO APPEALS ARE FILED BY THE ASSESSEE AGAINST THE COMMON ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 29, MUMBAI, PASSED U/S. 143(3) R.W.S 14 7 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR HAS FILED A LETTE R DATED 03-03-2021 EXPLAINING THAT THE ASSESSEE IS INTEND T O SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE V ISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN ITA NOS. 3141 & 3142/MUM/2019 VIMAL KUMAR JAGNANI, MUMBAI. - 2 - FORM NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE L D. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS F ILED A LETTER DT 03-03-2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FRO M THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDI NG. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4.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, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 15.03.2021 KRK, PS ITA NOS. 3141 & 3142/MUM/2019 VIMAL KUMAR JAGNANI, 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, MUMBA I