BANDAR PROPERTIES, MUMBAI V. DCIT- CC-8(1), MUMBAI

ITA 4127/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8995 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 05-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMMEN THARIAN
• Section: 143(3); 250; 254(2); 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 4127, 4128 & 4129/MUM/2017 (A.YS: 2010-11, 2011-12 & 2012-13 ) BANDAR PROPERTIES, 511, COMMERCE HOUSE, 140 N.M. ROAD, FORT MUMBAI 400023. / VS. DCIT CC-8(1) MUMBAI. ./ ./ PAN/GIR NO. : AAGFB8856R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. DINKLE HARIA, AR / RESPONDENT BY : SHRI OOMMEN THARIAN, DR / DATE OF HEARING 05/01/2021 !'# / DATE OF PRONOUNCEMENT 06/01/2021 / O R D E R PER BENCH: THE ASSESSEE HAS FILED THE THREE APPEALS AGAINST THE SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 50, MUMBAI, PASSED U/S. 153C R.W.S 143(3) AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME ITA NO S. 4127, 4128 & 4129 /MUM/2017 M/S. BANDRA PROPERTIES, MUMBAI. - 2 - 2020(VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 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 F OR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED A LETTER DATED 04.01.2021 MENTIONING THAT THE ASSESSE E HAS APPLIED UNDER VSVS 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPE ALS PENDING. ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, ALL THE THREE APPEALS FILED BY T HE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.01.2021 SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL ME MBER MUMBAI, DATED 06.01.2021 ITA NO S. 4127, 4128 & 4129 /MUM/2017 M/S. BANDRA PROPERTIES, MUMBAI. - 3 - KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI DATE INITIAL 1. DRAFT DICTATED ON 05.01.2021 PS 2. DRAFT PLACED BEFORE AUTHOR 06.01.2021 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER PS 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. PS 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 2. OTHER MEMBER ON WHICH THE