KAMAL J GUPTA, MUMBAI V. DCIT, CC - 5(1), MUMBAI

ITA 3464/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3544 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 16 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: 22-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 143(3); 153A; 201

Judgement Text

ITA NO. 3464/MUM/2019 A.Y. 2015 - 16 KAMAL JAGDISH GUPTA VS. DY.CIT,CC - 5(1) 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.3464 /MUM/2019 (ASSESSMENT YEAR: 201 5 - 16 ) KAMAL JAGDISH GUPTA 16A, ANDHERI INDUSTRIAL ESTATE, VEERA DESAI ROAD, ANDHERI (W) MUMBAI 400053 VS. DY. CIT, C.C. - 5(1) ROOM NO. 1928, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI - 400021 PAN NO. AAEPG9892N (ASSESSEE) (REVENUE) ASSESSEE BY : WITHDRAWAL LETTER DATED 26.04.2021 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 IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 53 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) R.W.S 153A OF THE INCOME - TAX ACT, 1961 DATED NIL FOR ASSESSMENT YEAR 2015 - 16 . 2. THE ASSESSEE HAS PLACED ON RECORD A LETTER, WHEREIN IT IS STATED TH AT HE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL . IT IS STATED BY THE ASSESSEE THAT HE HAD RECEIVED FORM 3 FROM THE DESIGNATED AUTHORITY ON 07.12.2020 (COPY ENCLOSED). IT IS FURTHER STATED BY HIM THAT TAX AMOUNT ING TO RS.41,81,123/ - HAD BEEN DEPOSITED BY HIM VIDE CHALLAN NO. 0003; DATED 31.03.2021 (COPY ENCLOSED) . IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3.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. 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 HIS APPEAL. ITA NO. 3464/MUM/2019 A.Y. 2015 - 16 KAMAL JAGDISH GUPTA VS. DY.CIT,CC - 5(1) 2 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