K MEHTA & CO. , MUMBAI V. ASST CIT CIRCLE- 32 (2), MUMBAI

ITA 383/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1638 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2015-2016
• Appeal Filed On: 15-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 143(3); 201

Judgement Text

K. MEHTA & CO. VS. ACIT CIRCLE 32(2), MUMBAI ITA NO. 383/MUM/2020 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. 383 /MUM/2020 (ASSESSMENT YEAR: 201 5 - 1 6 ) \ K. MEHTA & CO; A - 203 - 204, VICTORY PARK, CHANDAVAR ROAD, BORIVALI (WEST), MUMBAI 400 092. VS. ASST. COMMISSIONER OF INCOME - TAX; CIRCLE 32(2), MUMBAI; KAUTLAYA BHAVAN BKC, BANDRA EAST, MUMBAI 400 051 PAN NO. AAHFK0483C (ASSESSEE) (REVENUE) ASSESSEE BY : NONE REVENUE BY : SHRI. GURBINDER SINGH, D.R DATE OF HEARING : 17/06/2021 DATE OF PRONOUNCEMENT : 17 /06/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE FIRM IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 44 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 09.11.2017 FOR ASSESSMENT YEAR 201 5 - 16 . 2. SHRI. GURBINDER SINGH, THE LD. DEPARTMENTAL REPRESENTAT IVE (FOR SHORT D .R) AT THE VERY OUTSET OF THE HEARING OF THE APPEAL SUBMITTED THAT HE HAS BEEN INTIMATED IN WRITING BY THE ASSESSEE THAT IT HA S FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER P ENDING BEFORE THE TRIBUNAL . 3 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH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 TRIBU NAL FOR RESTORATION OF ITS APPEAL. K. MEHTA & CO. VS. ACIT CIRCLE 32(2), MUMBAI ITA NO. 383/MUM/2020 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN THE OPEN COURT ON 17 /06/2021. SD/ - SD/ - (RAJESH KUMAR) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 17 .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