LALITHA MOHAN MADIMAN, MUMBAI V. ITO-26(2)(1), MUMBAI

ITA 4190/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0243 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 11-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI RAJESH KUMAR, AM AND SHRI AMARJIT SINGH, JM / I .T.A. NO. 4190 / MUM/ 201 9 ( / ASSESSMENT YEAR: 20 14 - 15 ) MRS. LALITHA MOHAN MADIMAN 702, VERONA CLIFF AVENUE, HIRANAN DANI GARDENS, POWAI, MUMBAI - 400076 . / VS. ITO - 26(2)(1) ROOM NO.709, C - 11, 7 TH FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400051. ./ ./ PAN/GIR NO. : AIQPM 4620 C ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 23 / 1 2 / 20 20 /DATE OF PRONOUNCEMENT: 23 / 1 2 / 2 0 20 / O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 05 . 0 2 .201 9 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS), 38 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y. 2014 - 15 . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS.: - I. THE LD. CIT(A) ERRED IN CONFIRMING PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. 2. APPELLANT CRAVES LEAVE TO ADD, TO AMEND OR TO DELETE ALL OR ANY OF THE GROUNDS IN THIS APPEAL. 3 . W HEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT ASSESSEE BY : SHRI RAMKRISHNA LINGSUR (AR) REVENUE BY: SHRI BRAJENDRA KUMAR (DR) ITA NO. 4190 /M/201 9 A.Y.20 14 - 15 2 TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT F OR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 4 . THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 5 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL A S WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 6 . IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 23 / 1 2 /2020 SD/ - SD/ - ( RAJESH KUMAR ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 23 / 12 / 2020 V IJAY PAL SINGH ( SR.PS ) ITA NO. 4190 /M/201 9 A.Y.20 14 - 15 3 / 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// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI