RASHMI GRUHA NIRMAN PVT LTD., MUMBAI V. ITO 5 (3)(1), MUMBAI

ITA 379/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3457 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 14-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 379/MUM/2020 (A.Y: 2007-08) RASHMI GRUHA NIRMAN PVT LTD., 83 ASHA COOPERATIVE SOCIETY, 23 DOONGARSHI ROAD, MALABAR HILL, MUMBAI 400006. VS. ITO 5(3)(1) AAYAKAR BHAVAN, MK ROAD, MUMBAI 400020. ./ ./ PAN/GIR NO. : AABCR5435L APPELLANT .. RESPONDENT APPELLANT BY : NONE (W ITHDRAWAL LETTER FILED DATED 05.03.2021) RESPONDENT BY : MS. SMI TA VERMA, DR DATE OF HEARING 12 .0 3 .2021 DATE OF PRONOUNCEMENT 15 .0 3 .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) - 10, MUMB AI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. THE LD.AR HAS FILED A LETTER DATED 05-03- 2021 THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIG ATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) ITA NO. 379/MUM/2020 RASHMI GRUHA NIRMAN PVT LTD., MUMBAI - 2 - AND FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER VS VS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE LD.DR AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAAD S E VISHWAS SCHEME 2020 AND HAS FILED A LETTER DT 05-0 3- 2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 15.03.2021 KRK, PS ITA NO. 379/MUM/2020 RASHMI GRUHA NIRMAN PVT LTD., 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