M/S PRESS KUNJ-ORIGINALLY PARTNERSHIP FIRM NOW PROPRIETORSHIP , MUMBAI V. ITO 31(2)(5), MUMBAI

ITA 468/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3731 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 20-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: VIKAS JADHAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD , JM ITA NO. 468 /MUM/ 20 20 ( ASSESSMENT YEAR : 2009 - 10 ) M/S. PRESS KUNJ THROUGH ITS PROPRIETOR MR. RAJESH MEHRA UNIT NO.2, NEW SATG URU NANAK INDL. ESTATE NEAR JAY COACH, OPP. W.E. HIGHWAY, GOREGAON (E) MUMBAI 400 063 VS. INCOME TAX OFFICER 31(2)(5) ROOM NO.611, 6 TH FLOOR KAUTILYA BHAVAN C - 41 TO C - 43, G BLOCK BANDRA KURLA COMPLEX BANDRA (E), MUMBAI PAN/GIR NO. AAHFP1849D (APPELL ANT ) .. (RESPONDENT ) ASSESSEE BY SHRI VIKAS JADHAV REVENUE BY MS. SHREEKALA PARDESHI DATE OF HEARING 25 / 02 /202 1 DATE OF PRONOUNCEMENT 25 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 468/MUM/2020 FOR A.Y. 2009 - 10 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 42, MUMBAI IN APPEAL NO. CIT(A) - 42/38/14 - 15 DATED 29/08/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 20/03/2014 ITA NO . 468/MUM/2020 M/S. PRESS KUNJ 2 BY THE LD. INCOME TAX OFFICER - 15(2)(3), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT THE LD. AR FILED A LETTER MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION FILED IN FORM NO.1 & 2 UN DER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM NO.3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TRE AT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHA TSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 25 / 02 /202 1. SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 25 / 02 / 2021 KARUNA , SR.PS ITA NO . 468/MUM/2020 M/S. PRESS KUNJ 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//