GOWRI SHANKAR, MUMBAI V. INCOME TAX OFFICER 16(2)(4), MUMBAI

ITA 4222/MUM/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4103 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 15-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Assessee Lawyers: RAM PUGALIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , G BENCH MUMBAI BEFORE : SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT MEMBER ITA NO. 4222 /MUM/ 20 18 ( ASSESSMENT YEAR : 2014 - 15 ) GOWRI SHANKAR 101, RUSTOM VILLA DR. GHANTI RO AD PARSI COLONY, DADAR MUMBAI 400 014 VS. PRINCIPAL COMMISSIONER OF INCOME TAX - 16 MAHARSHI KARVE ROAD CHURCHGATE MUMBAI 400 020 PAN/GIR NO. ACRPS9019C (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI RAM PUGALIA REVENUE BY SHRI PANKAJ KUMAR DATE OF HEARING 0 6 / 10 /2021 DATE OF PRONOUNCEMENT 06 / 10 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4222/MUM/2018 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 5, MUMBAI IN APPEAL NO. CIT(A) - 5/ACIT - 16(2)(4)/IT - 320/2016 - 17 DATED 12/03/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 30/12/2016 BY THE LD. INCOME TAX OFFICER WARD 16(2)(4 ), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 4222/MUM/2018 GOWRI SHANKAR 2 2. WE FIND THAT THE LD. COUNSEL FOR THE ASSESSEE SHRI RAM PUGALIA SUBMITTED THAT ASSESSEE HAD PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THESE TAX DISPUTE S FOR THE YEAR UNDER CONSIDERA TION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON . 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DE CLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/10/2021. SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 06 / 10 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT , MUMBAI 6. GUARD FILE. //TRUE COPY//