PANKAJ DHIRAJLAL SHAH, MUMBAI V. ITO-32(2)(5), MUMBAI

ITA 4397/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3531 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 26-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Assessee Lawyers: RUCHI RATHOD
• Section: 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 4397, 4398 & 4399/MUM/2019 (A.YS: 2009-10, 2010-11 & 2011-12) SHRI PANKAJ DHIRAJLAL SHAH, FLAT NO. 1003, 10 TH FLOOR, KRISHNA HERITAGE, OPPOSITE DON BOSCO SCHOOL, BORIWALI (WEST), MUMBAI - 400091 / VS. THE INCOME TAX OFFICER 32 (2) (5), ROOM NO. 305-D, 3 RD FLOOR, C-13, PRATYAKSHA KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST) MUMBAI - 400005 ./ ./ PAN/GIR NO. : AAQPS0773C ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. RUCHI RATHOD, AR / RESPONDENT BY : SHRI SANJAY SETHI, DR / DATE OF HEARING 18/02/2021 / DATE OF PRONOUNCEMENT 18/02/2021 / O R D E R PER PAVAN KUMAR GADALE: ITA NOS. 4397, 4398 & 4399/MUM/2019 SHRI PANKAJ DHIRAJLAL SHAH - 2 - THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 44, MUMBAI, PASSED U/S. 143 (3) R.W.S. 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED APPLICATIONS 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 FOR VIVAAD SE VISHWAS SCHEME 2020 AND HAS SENT COPY OF FORM NO 1& 2 AND FURTHER THE FORM NO-3 IS YET TO BE RECEIVED FROM THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS 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 ACCORDINGLY, WE DISMISS THE APPEALS OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. ITA NOS. 4397, 4398 & 4399/MUM/2019 SHRI PANKAJ DHIRAJLAL SHAH - 3 - 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.02.2021. SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 18.02.2021 AK, 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. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER ON WHICH THE