PARESH ISHWARLAL PARIKH, MUMBAI V. ACIT CIRCLE-3, KALYAN

ITA 4443/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3753 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 09-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO.4443/MUM/2018 A.Y. 2014 - 15 PARESH ISHWARLAL PARIKH VS. ACIT, CIRCLE - 3 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 4443 /MUM/2018 (ASSESSMENT YEAR: 2014 - 15) PARESH ISHWARLAL PARIKH 02, NIJRANGA APARTMENT, PLOT NO. 18, NANDIVALI ROAD, NEAR KALAVATI MANDIR, BHANUSHALI WADI, DOMBIVALI (EAST), DIST. THANE 421201 VS. ACIT, CIRCLE 3, KALYAN 2 ND FLOOR, RANI MANSION, MURBAD ROAD, KALYAN, DIST. THANE - 421201 PAN NO. AABPP0397A (ASSESSEE) (REVENUE) ASSESSEE BY : NONE REVENUE BY : MS. SHREEKALA PARDESHI , D.R DATE OF HEARING : 25 /02/2021 DATE OF PRONOUNCEMENT : 01 /03 /2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 3 , THANE , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 27.12.2016 FOR ASSESSMENT YE AR 2014 - 15 . 2. THE ASSESSEE HAS FILED A LETTER ON 01/02.12. 2020 , WHEREIN IT IS STATED THAT HE HAS FILED AN APPLICATION IN FORM NO. 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFOR ESAID MATTER PENDING BEFORE THE TRIBUNAL AND IS AWAITING THE CERTIFICATE UNDER SUB - SECTION (1) OF SEC.5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT ON RECEIPT OF FORM NO. 3 THE CAPTIONED APPEAL WOULD BE WITHDRAWN. 3. THE LD. D.R DID NOT CONT ROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHA LL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL. ITA NO.4443/MUM/2018 A.Y. 2014 - 15 PARESH ISHWARLAL PARIKH VS. ACIT, CIRCLE - 3 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUN CED IN THE OPEN COURT ON 01 /03 /2021. SD/ - SD/ - ( M. BALAGANESH ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 01 .03 .2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI