ARYU PROPERTIES AND HOTELS PVT LTD, MUMBAI V. DCIT CC 4(2), MUMBAI

ITA 4298/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8803 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 20-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 4298/MUM/2018 (A.Y: 2014-15) VIPUL HANSRAJ CHHEDA, 204, GIRIRAJ HEIGHTS, HARI NIWAS CIRCLE, LBS ROAD, THANE 400602 VS. DCIT, CIR - 3 ROOM NO. 2, 6 TH FLOOR, B WINK, ASHAR IT PARK, ROAD NO. 16Z, WAGLE ESTATE, THANE 400604. ./ ./ PAN/GIR NO. : AAWPC3180F APPELLANT .. RESPONDENT APPELLANT BY : MS . NEHA PARANJPE , AR RESPONDENT BY : SMT. USHA GAIKWAD , SR. DR DATE OF HEARING 24 .0 3 .2021 DATE OF PRONOUNCEMENT 25 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE.JM: THE APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 05 MUMBAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TA X ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR HAS SUBMITED THA T THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN ITA NO. 4298/MUM/2019 SHRI VIPUL HANSRAJ CHHEDA, THANE. - 2 - APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020 . CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS MENTIONED THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WIL L BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/ S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PE R PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADA LE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 25.03.2021 KRK, PS ITA NO. 4298/MUM/2019 SHRI VIPUL HANSRAJ CHHEDA, THANE. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBAI