MR. SURESH CHANCHALDAS ASRANI, MUMBAI V. ACIT 22(2), MUMBAI

ITA 3571/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9849 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 24-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.3571/MUM/2019 (A.Y: 2011-12) MR. SURESH CHANCHALDAS ASRANI, C- 4, GANGA ESTATE, ATUR PARK, CHEMBUR, MUMBAI 400071. VS. ACIT 22(2) PIRAMAL CHAMBERS, LALBAUGH, MUMBAI 400012. ./ ./ PAN/GIR NO. : AADPA3201G APPELLANT .. RESPONDENT APPELLANT BY : SHRI TEJAS SODHA, AR RESPONDENT BY : SHRI T.S. KHALS A , DR DATE OF HEARING 19 .0 7 .2021 DATE OF PRONOUNCEMENT 19 .0 7 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 25, MUM BAI, DATED 12.04.2017 PASSED U/S 143(3) OF THE INCOME TA X ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE TH E TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 ITA NO. 3571/MUM/2019 MR. SURESH CHANCHALDAS ASRANI, MUMBAI. - 2 - UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FO R VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT AS ENVISAGED BY THE LD.AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DIS MISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASS ESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PER PROVISIONS O F LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.07.2021. SD/- SD/- ( M BALAGANESH ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 19.07.2021 KRK, PS ITA NO. 3571/MUM/2019 MR. SURESH CHANCHALDAS ASRANI, MUMBAI. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI