DCIT- CC- 5 (1), MUMBAI V. BHARAT BABULAL JAIN, MUMBAI

ITA 3413/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4095 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 18-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN LD
• Assessee Lawyers: ANANT A PAILD

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MANOJ KUMAR AGGARWAL, AM AND HONBLE SHRI RAVISH SOOD, JM ./ I.T.A. NO.3413/MUM/2018 ( / ASSESSMENT YEAR: 2011-12) DCIT , CC - 5(1) ROOM NO.1928, 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT, MUMBAI-400 021 / VS. SHRI BHARAT BABULAL JAIN 102, ROYAL GARDEN DR.A B ROAD, ATRIA MALL, WORLI MUMBAI-400 0048 ./ ./PAN/GIR NO. AAEPJ-2184-L ( ' /APPELLANT ) : ( #$ ' / RESPONDENT ) & CROSS OBJECTION NO. 195/ M UM/2019 ( / ASSESSMENT YEAR: 2011-12 ) SHRI BHARAT BABULAL JAIN 102, ROYAL GARDEN DR.A B ROAD, ATRIA MALL, WORLI MUMBAI-400 0048 / VS. DCIT, CC - 5(1) ROOM NO.1928, 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT, MUMBAI-400 021 ./ ./PAN/GIR NO. AAEPJ-2184-L ( ' /APPELLANT ) : ( #$ ' / RESPONDENT ) A SSESSEE BY : SHRI ANANT A. PAI-LD.AR REVENUE BY : SHRI THARIAN OOMMEN- LD. DR / DATE OF HEARING : 15/02/2021 / DATE OF PRONOUNCEMENT : 15/02/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. THE CAPTIONED APPEAL BY REVENUE FOR ASSESSMENT Y EAR [AY] 2011-12 CONTEST ORDER OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN 2 GROUNDS OF APPEAL. THE ASSESSEE, UPON RECEIPT OF NO TICE OF HEARING, HAS PREFERRED CROSS-OBJECTIONS AGAINST THE SAME. 2. THE LEARNED COUNSEL FOR ASSESSEE, SHRI ANANT A. PAI, AT THE OUTSET, SUBMITTED THAT THE ASSESSEE HAS ALREADY OPT ED FOR SETTLEMENT OF DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME (VVS SCHEME), 2020 FOR THE YEAR UNDER CONSIDERATION AND RECEIVED FORM NO. 3 FROM APPROPRIATE AUTHORITY. THE LD. DR C ONCEDED THE STATED FACT. 3. IN VIEW OF FOREGOING, THE APPEAL FILED BY THE RE VENUE AS WELL AS CROSS-OBJECTIONS FILED BY THE ASSESSEE BECOMES I NFRUCTUOUS. BOTH STAND DISMISSED WITH A LIBERTY TO APPELLANT TO SEEK RECALL OF THE APPEAL / CROSS-OBJECTIONS IN CASE THE AFORESAID DEC LARATION FILED UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REAS ONS. 4. THE APPEAL AS WELL AS CROSS-OBJECTION STAND DISM ISSED AS INFRUCTUOUS. ORDER PRONOUNCED ON 15 TH FEBRUARY, 2021. SD/- SD/- (RAVISH SOOD) (M ANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 15/02/2021 SR.PS, KASARLA THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. #$ ' / THE RESPONDENT 3. + ( ) / THE CIT(A) 4. + / CIT CONCERNED 5. ,-#&. , . , / DR, ITAT, MUMBAI 6. -/01 / GUARD FILE