RAHUL B CHANDAK, MUMBAI V. ITO 25(3)(3), MUMBAI

ITA 4253/MUM/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9366 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 13-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHOK KOLI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “SMC” BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 4253/MUM/2019 (A.Y: 2011-12) Shri Rahul B. Chandak 602, Anand Vihar Bajaj Road, Vile Parle (W) Mumbai - 400056 PAN: ADJPC9836E v. Income Tax Officer – 25(3)(3) Pratyakshkar Bhavan Bandra Kurla Complex Bandra (E), Mumbai – 400051 (Appellant) (Respondent) Assessee by : None Department by : Shri Ashok Koli Date of Hearing : 07.10.2021 Date of Pronouncement : 07.10.2021 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–53, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 02.04.2019 for the A.Y. 2011-12. 2. Assessee through his authorized representative filed a letter dated 16 th March, 2021 and submitted as under: - “Sub: Withdrawl of Appeal for Assessment Ref: Shri Rahul Brijballabh Chandak (PAN: ADJPC9836E) (Assessment Year :2011-2012); Appeal No: ITA/4253/MUM/2019. 2 ITA NO. 4253/MUM/2019 (A.Y: 2011-12) Shri Rahul B. Chandak This is with reference to the above appeal which we have filed with the Appellate Tribunal on 14/06/2019. In respect of the above proceedings, we have filed Form 1 under the Vivad se Vishwaas Scheme, 2020 and have received Form No. 3 from the Hon'ble Principal CIT. On account of the above reasons and to buy peace of mind, I wish to withdraw my above appeal. Kindly take note of the same and close the appellate proceedings. Enclosed: Form No 3 Issued by the Principal CIT Mumbai -17. Copy of Form No. 36 filed at the time of filing of Appeal.” 3. On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-3 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 from the Revenue accepting the said declaration. Assessee requested for withdrawal of the appeal. Accepting the request of the assessee for withdrawal of appeal, this appeal is dismissed as withdrawn. 4. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced in the virtual court on 07.10.2021. Sd/- (C.N. PRASAD) JUDICIAL MEMBER Mumbai / Dated 07.10.2021 Giridhar, Sr.PS 3 ITA NO. 4253/MUM/2019 (A.Y: 2011-12) Shri Rahul B. Chandak Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum