SANJAY SHRICHAND UTTAM, Mumbai V. ASST. CIT 23 (3), Mumbai

ITA 4613/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3582 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: PHALGUN DESAI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 4613 /MUM./2019 ( ASSESSMENT YEAR : 20 11 12 ) SHRI SANJAY SHRICHAND UTTAM 203, JOANNA, 10 PALI ROAD BANDRA (W), MUMBAI 400 050 PAN AAAPU0429K . APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 23(2), MUMBAI . RESPONDENT ASSESSEE BY : SHRI PHALGUN DESAI REVENUE BY : SHRI VIJAY KUMAR MENON DATE OF HEARING 16 .0 2 .202 1 DATE OF ORDER 23.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE ASSESSEE CHALLENGING THE ORDER DATED 9 TH APRIL 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 34 , MUMBAI, FOR THE ASSESSMENT YEAR 20 1 1 12. 2. DURING THE COURSE OF HEARING, WE FIND THAT T HE ASSESSEE HAS FILED A LETTER DATED 19 TH FEBRUARY 2021, SENT THROUGH ELECTRONIC MODE SEEKING WITHDRAWAL OF THE APPEAL IN VIEW OF THE FACT THAT HE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX 2 SHRI SANJAY SHRICHAND UTTAM SCHEME, 202 0. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM 3 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJE CTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE , AS THE DEPARTMENT ISSUED FORM NO.3 . WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23.02.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 23.02.2021 3 SHRI SANJAY SHRICHAND UTTAM 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