DIPAK H. SHAH , MUMBAI V. CIT - 16 , MUMBAI

ITA 4648/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2837 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 09-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH MISHRA
• Assessee Lawyers: PRANITA RATHI
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT A NO. 4648 /MUM./2019 ( ASSESSMENT YEAR : 20 08 09 ) DIPAK H. SHAH FLAT NO.8, 3 RD FLOOR, NAVYUG NIKETAN CHS 185, WALKESHWAR ROAD, MUMBAI 400 006 PAN AAEPS1559C . APPELLANT V/S DY . COMMISSIONER OF INCOME TAX CIRCLE 16 ( 3 ), MUMBAI . RESPONDENT ITA NO. 4658/MUM./2019 ( ASSESSMENT YEAR : 20 08 09 ) DIPAK H. SHAH, FLAT NO.8, 3 RD FLOOR, NAVYUG NIKETAN CHS 185, WALKESHWAR ROAD, MUMBAI 400 006 PAN AAEPS1559C . APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 16(3), MUMBAI . RESPONDENT ASSESSEE BY : MS. PRANITA RATHI REVENUE BY : SHRI RAJESH MISHRA DATE OF HEARING 1 9 .0 5 .202 1 DATE OF ORDER 19.05.2021 2 DIPAK H. SHAH O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL S HAVE BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 28 TH MARCH 2013, PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT') BY THE LEARNED COMMISSIONER (APPEALS) 16, MUMBAI, AND ORDER DATED 8 TH MAY 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 6, MUMBAI, PERTAINING TO THE ASSESSMENT YEA R 2008 09. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE DRAWN OUR ATTENTION TO HIS LETTER DATED 18 TH MAY 2021, SEEKING WITHDRAWAL OF ITS APPEAL S IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWA S TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED B Y THE ACKNOWLEDGEMENT IN FORM 3 ISSUED BY THE R E VENUE . THE AFORESAID LETTER ALONG COPY OF FORM NO. 3 , ARE ALSO KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. 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 S INCE THE REVENUE ISSUED FORM NO.3 . 3 DIPAK H. SHAH WITH THE SE OBSERVATIONS, THE APPEAL S BY THE ASSESSEE ARE LIABLE TO BE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL S ARE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 19.05.2021 SD/ - PAVAN KUMAR GADALE JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 19.05.2021 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