R. D. BUILDERS AND DEVELOPERS, MUMBAI V. ITO 29(3)(1), MUMBAI

ITA 3537/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6830 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 24-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Assessee Lawyers: ROHIT VYAS

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3537 //2019 (. . 2009-10 ) ITA NO.3537/MUM/2019 (A.Y.2009-10) M/S R.D. BUILDERS AND DEVELOPERS 202, HINA APARTMENTS, TAMBE NAGAR, MULUND WEST, MUMBAI-400080. PAN: AAAFR3507R ...... ) / APPELLANT VS. ITO 29(3)(1) R.NO. 433, 4 TH FLOOR, KAUTILYA BHAVAN, C-41 TO C-43, G-BLOCK, BKC, BANDRA (E), MUMBAI-400051. ..... *,/ RESPONDENT ) -/ APPELLANT BY : SH. ROHIT VYAS *, -/ RESPONDENT BY : SH. SANJAY J. SETHI . / DATE OF HEARING : 26/07/2021 . / DATE OF PRONOUNCEMENT : 26/07/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-40, MUMBAI [HE REINAFTER REFERRED TO AS THE CIT(A)] DATED 15/02/2019 FOR THE ASSESSMENT Y EAR 2009-10. 2. A LETTER DATED 08/06/2021 HAS BEEN RECEIVED FRO M THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS S CHEME, 2020 (IN SHORT VSVS) AND HENCE, WANT TO WITHDRAW THE APPEAL. 2 . 3537 //2019 (. .2009-10 ) ITA NO.3537/MUM/2019 (A.Y.2009-10) 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS T O WITHDRAW APPEAL TO AVAIL THE BENEFIT OF VSVS. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSESS EES DECLARATION UNDER VSVS FOR THE IMPUGNED ASSESSMENT YEAR HAS BEEN ACCE PTED AND THE DESIGNATED AUTHORITY HAS ISSUED FORM-3. IN VIEW OF ABOVE, THE APPEAL BY ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY , THE 26 TH DAY OF JULY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3/ DATED: 26/07/2021 SK, PS * 4 * 4 * 4 * 4 COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *, / THE RESPONDENT. 3. 5 ( )/ THE CIT(A)- 4. 5 CIT 5. * , . . . , / DR, ITAT, MUMBAI 6. 9 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI