ATUL MADHURSINH RAMAIYA, MUMBAI V. PR. CIT- 33, MUMBAI

ITA 3241/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1321 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 15-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJEEV HARIT
• Assessee Lawyers: S SRIRAM
• Section: 254(2); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 3241/MUM/2019 (A.Y: 2014-15 ) SHRI ATUL MADHURSINH RAMAIYA, 403, SANJAR ENCLAVE, OPPOSITE MILAP CINEMA, S.V. ROAD, KANDIVALI- (WEST), MUMBAI - 400067 / VS. PR. CIT 33, 9 TH FLOOR, KAUTILYA BHAVAN, BKC, MUMBAI - 400051 ./ ./ PAN/GIR NO. : AAAPR8012P ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI S. SRIRAM, AR / RESPONDENT BY : SHRI RAJEEV HARIT, CIT DR / DATE OF HEARING 04/02/2021 / DATE OF PRONOUNCEMENT 08/02/2021 / O R D E R PER PAVAN KUMAR GADALE: THE ASSESSEE HAVE FILED THE APPEAL AGAINST THE REVISION ORDER OF THE PR. COMMISSIONER OF INCOME TAX - 33, MUMBAI, PASSED U/S. 263 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE ITA NO. 3241/MUM/2019 SHRI ATUL MADHURSINH RAMAIYA - 2 - TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 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 FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED A LETTER DATED 01.02.2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020. 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08.02.2021. SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 08.02.2021 ITA NO. 3241/MUM/2019 SHRI ATUL MADHURSINH RAMAIYA - 3 - AK, 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. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI ER MEMBERN WHICH THE