NALIN JAGDISHKUMAR GUPTA, MUMBAI V. DCIT, CC - 5(1), MUMBAI

ITA 3462/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5220 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 22-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 3462/MUM./2019 ( ASSESSMENT YEAR : 20 15 16 ) SHRI NALIN JAGDISHKUMAR GUPTA 16 A, ANDHERI INDUSTRIAL ESTATE VEERA DESAI ROAD, ANDHERI (W) MUMBAI 400 021 PAN AAEPG9920B . APPELLANT V/S DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 5(1), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI THARIAN OOMMEN DATE OF HEARING 27 .0 4 .202 1 DATE OF ORDER 27.04.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE ASSESSEE CHALLENGING THE ORDER DATED 28 TH MARCH 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 53, MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 2015 16. 2. WHEN THE CASE WAS CALLED FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE TO REPRESENT ITS CASE. HOWEVER, WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENTAT IVE. 2 NALIN JAGDISHKUMAR GUPTA 3. AS IT TRANSPIRES FROM THE RECORD AVAILABLE BEFORE US, T HE ASSESSEE HAS FILED A LETTER DATED 26 TH APRIL 2021, SEEKING WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM 3 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER ALONG DECLARATION IN FORM NO.1 AND 2, ARE ALSO KEPT ON RECORD. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 5. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE S INCE THE DEPARTMENT ISSUED FORM NO.3 . WITH THE SE OBSERVATIONS, THE APPEAL BY THE ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN . 6. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER P RONOUNCED IN THE OPEN COURT ON 27.04.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 27.04.2021 3 NALIN JAGDISHKUMAR GUPTA COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI