HIRJI SHAH HUF, MUMBAI V. ITO, 17(1)(5), MUMBAI

ITA 3252/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3545 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2015-2016
• Appeal Filed On: 15-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 143(3)

Judgement Text

ITA NO.3252/MUM/2019 A.Y. 2015 - 16 SHRI HIRJI MORARJI SHAH HUF VS. ACIT 17(1)(5) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI RAJESH KUMAR (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.3252/MUM/2019 (ASSESSMENT YEAR: 2015 - 16) SHRI HIRJI MORARJI SHAH HUF ROOM NO. 29, 3 RD FLOOR, MULJI BLDG., 116, KESHAVJI NAIK ROAD, MASJID BUNDER, MUMBAI 400009 VS. ACIT - 17(1)(5) ROOM NO. 117, 1 ST FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020 PAN NO. AABHH4049B (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRWAL LETTER DATED 05.04.2021 REVENUE BY : SHRI GURBINDER SINGH , D.R DATE OF HEARING : 08/06/2021 DATE OF PRONOUNCEMENT : 08 /06/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE HUF IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 28, MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF TH E INCOME - TAX ACT, 1961, DATED 27.12.2017 FOR ASSESSMEN T YEAR 2015 - 1 6 . 2. THE KARTA OF THE ASSESSEE HUF HAS PLACED ON RECORD A LETTER WHEREIN IT IS STATED TH AT THE ASSESSEE HUF HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE T RIBUNAL AND HA VE RECEIVED THE CERTIFICATE UNDER SUB - SECTION (1) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF ITS AFORESAID CLAIM THE ASSESSEE HAD ENCLOSED ALONGWITH ITS LETTER FORM 3 ISSUED BY THE DESIGN ATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. ITA NO.3252/MUM/2019 A.Y. 2015 - 16 SHRI HIRJI MORARJI SHAH HUF VS. ACIT 17(1)(5) 2 4. IN VIEW OF THE ABOVE , WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN CO URT ON 08 /06 /2021. SD/ - SD/ - ( RAJESH KUMAR ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 08 .06 .2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI