ITO-21(2)(3), MUMBAI V. SHRI MULJI BHANJI CHHEDA, MUMBAI

ITA 4411/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3692 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: NAMRATA KASALE
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.4411 /MUM./2019 ( ASSESSMENT YEAR : 20 10 11 ) INCOME TAX OFFICER WARD 2 1 (2) (3) , MUMBAI . APPELLANT V/S SHRI MULJI BHANJI CHHEDA 287, SAFALYA, S.K. BHOLE ROAD DADAR (W), MUMBAI 400 028 PAN AAAPC6375J . RESPONDENT REVENUE BY : MS. SMITA VERMA ASSESSEE BY : MS. NAMRATA KASALE DATE OF HEARING 1 8 .02.2021 DATE OF ORDER 24.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE REVENUE CHALLENGING THE ORDER DATED 1 ST APRIL 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 33 , MUMBAI , DELETING PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) IMPOSED BY THE ASSESSING OFFICER PERTAININ G TO THE ASSESSMENT YEAR 2010 11 . 2. DURING THE COURSE OF HEARING, WHILE PERUSING THE MATERIAL BEFORE US, WE FIND THAT THE ASSESSEE HAS FILED THE ACKNOWLEDGEMENT IN FORM I 2 SHRI MULJI BHANJI CHHEDA AND II OF THE DECLARATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME, 2020 . 3. HEARD THE LEARNED COUNSEL APPEARING FOR BOTH T HE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY OF KEEPING THIS MATTER ALIVE . CONSEQUENTLY, THE APP EAL FILED BY THE REVENUE IS DISMISSED. HOWEVER, LI BERTY IS GRANTED TO THE REVENUE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED BY THE ASSESSEE UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE M . WITH THE AFORESAID OBSERVATIO NS, THE APPEAL IS DISMISSED . 4. IN THE RESULT, REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 24.02.2021 SD/ - SAKTIJIT DEY JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 24.02.2021 3 SHRI MULJI BHANJI CHHEDA COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI