ASHWIN KUMAR N SHETH, MUMBAI V. DCIT CEN CIR 4(2) , MUMBAI

ITA 4884/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9050 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 20-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Assessee Lawyers: CHETAN KARIA
• Section: 271(1)(c); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NOS. 4884, 4885, 4886 & 4887/MUM/2018 (A.YS: 2008-09, 2009-10, 2010-11 & 2011-12 ) ASHWIN KUMAR N SHETH PLOT NO. 7, HATKESH CHS, VILE PARLE (W), MUMBAI 400056. / VS. DCIT, CC 4(2) AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400020. ./ ./ PAN/GIR NO. : AAHPS2888R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI CHETAN KARIA, AR / RESPONDENT BY : SHRI BRAJENDRA KUMAR, DR / DATE OF HEARING 01/01/2021 !'# / DATE OF PRONOUNCEMENT 01/01/2021 / O R D E R PER BENCH: THE ASSESSEE HAS FILED THESE FOUR APPEALS AGAINST THE SEPARATE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS) - 52, MUMBAI, PASSED U/S. 271(1)(C) OF TH E INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM ITA NO S. 4884 TO 4887 /MUM/2018 ASHWIN KUMAR N SHETH, MUMBAI. - 2 - NO. 1 & 2 UNDER VSVS RULES 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND HAS FILED APPLICATION AS ENVISAGED BY THE LD.AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEALS PENDING. ACCORDINGLY, WE DISMISS THE APPEAL S OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, ALL THE FOUR APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.01.2021 SD/- SD/- (PRAMOD KUMAR) (PAVAN KUMAR G ADALE ) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED 01.01.2021 KRK, PS ITA NO S. 4884 TO 4887 /MUM/2018 ASHWIN KUMAR N SHETH, MUMBAI. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI