SURAJMAL MEHTA, MUMBAI V. ITO - 19(3)(4), MUMBAI

ITA 3691/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3856 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 28-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S WITHDRAWAL LETTER DATED
• Keywords: Bogus purchase

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC , MUMBAI BEFORE S HRI SHAMIM YAHYA (AM ) AND SHRI RAM LAL NEGI (JM) ITA NO. 3691 /MUM/20 1 9 ASSESSMENT YEAR: 2010 - 11 & ITA NO. 3692 /MUM/201 9 ASSESSMENT YEAR: 2011 - 12 SURAJMAL MEHTA, 24 - I, 2 ND CARPENTE R STREET, ND ROAD, MUMBAI - 400004 PAN: AADPM9634P VS. THE INCOME TAX OFFICER - 19(3)(4), MATRU MANDIR, 2 ND FLOOR, TARDEO ROAD, GRANT ROAD, MUMBAI - 400007 (APPELLANT) (RESPONDENT) ASSESSEE BY : ASSESSEES WITHDRAWAL LETTER DATED 14.10.2020 RE VENUE BY : SHRI JITENDRA KUMAR (DR) DATE OF HEARING: 19/10 /20 20 DATE OF PRONOUNCEMENT: 20 / 10 /20 20 O R D E R PER RAM LAL NEGI, JM THE ASSESSEE HAS FILED THESE APPEALS ASSESSEE AGAINST THE TWO ORDE R S DATED 30.04.2019 PASSED BY THE LD. COMMISSIONER OF INCOME TAX (FOR SHORT THE CIT (A) - 5 , MUMBAI , WHICH PERTAIN TO THE A S S ESSMENT YEAR S 2010 - 11 AND 2011 - 12, WHEREBY THE LD. CIT ( A) HAS DISMISSED THE APPEALS FILED BY THE ASSESSEE AGAINST THE ASSESSMENT OR DERS PASSED U/S 143 (3) R.W.S 147 OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT). 2. THE ASSESSEE HAS CHALLENGED THE IMPUGNED ORDER S PASSED BY THE LD. CIT (A) INTER ALIA ON THE GROUND THAT THE LD. CIT (A) HAS ERRED IN UPHOLDING THE ADDITION OF 12.5% O F THE TOTAL AMOUNT OF BOGUS PURCHASES MADE BY THE AO. 2 ITA NO S . 3691 & 3692 / MUM/2019 ASSESSMENT YEAR S : 2010 - 11 & 2011 - 1 2 3. THESE APPEALS WERE FIXED FOR HEARING ON 19.10.2020. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE NOTICE THAT THE ASSESSEE HAS SUBMITTED APPLICATIONS FOR WITHDRAWAL OF THESE APPEALS STATING THAT THE ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER VIVAD SE VISHWAS ACT , 2020 AND THE ASSESSEE HAS ALREADY APPLIED FOR THE SAME . 4. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT OPPOSE THE APPLICATION S F ILED BY THE ASSESSEE. 5. WE HAVE PERUSED THE MATERIAL ON RECORD. THE ASSESSEE HAS ENCLOSED DECLARATION S IN PRESCRIBED FORM AND UNDERTAKING S UNDER SUB - SECTION ( 5 ) OF SECTION 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 ALONG WITH THE APPLICATIONS FOR WITHDRAWAL OF APPEALS . SINCE THE ASSESSEE WANTS TO SETTLE ITS DISPUTE UNDER VIVAD SE VISHWAS ACT 2020 , WE ALLOW THE APPLICATION S FOR WITHDRAWAL OF THE APPEAL S AND DISMISS THE SAID APPEAL S AS WITHDRAWN. IN THE RESULT, APPEAL S FILED BY THE ASSESSEE FOR A SSESSMENT YEAR S 2010 - 11 AND 2011 - 12 ARE DISMISSED AS WITHDR AWN. ORDER PRONOUNCED ON 20 TH OCTOBER, 2020 UNDER RULE 34(4) OF THE ITAT RULES . SD/ - SD/ - ( SHAMIM YAHYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 20 / 10 /20 20 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE C IT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . 3 ITA NO S . 3691 & 3692 / MUM/2019 ASSESSMENT YEAR S : 2010 - 11 & 2011 - 1 2 / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI