CHINTAN NITIN KOTHARI, Mumbai V. ACIT 26 (1), Mumbai

ITA 4933/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7117 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 26-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 13

Judgement Text

ITA NO.4933/MUM/2019 A.Y. 2013 - 14 CHINTAN NITIN KOTHARI VS. ACIT - 26(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO.4933/MUM/2019 (ASSESSMENT YEAR: 2013 - 14) CHINTAN NITIN KOTHARI B337, ANTOP HILL WAREHOUSE CO., VIDHYALANKAR COLLEGE ROAD, BARKAT ALI NAKA, WADALA (E) MUMBAI 400 037 VS. ACIT - 26(1) C - 10, 5 TH FLOOR, PRATYAKSHA KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI - 400 051 PAN NO. AACPK2343L (ASSESSEE) (REVENUE) ASSESSEE BY : NONE REVENUE BY : MS. SHREEKALA PARDESHI, D.R DATE OF HEARING : 25 /08/2021 DATE OF PRONO UNCEMENT : 25 /08/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 38, MUMBAI, DATED 28.03.2019 , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 03.03.2016 FOR AS SESSMENT YEAR 20 13 - 14 . 2. THE ASSESSEE HAS FILED BEFORE US A LETTER DATED 02.08.2021 , WHEREIN IT IS STATED BY HIM THAT HE HAD FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 , IN FORM 1 & FORM 2 ON 20.03.2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFOR E THE TRIBUNAL A ND RECEIVED THE CERTIFICATE IN FORM 3 UNDER SUB - SECTION (1 ) OF SEC. 5 OF DIRECT TAX VIVAD SE VISHWAS ACT, 2020 FROM THE DESIGNATED AUTHORITY. IN SUPPORT OF HIS AFORESAID CLAIM THE ASSESSEE HAD ENCLO SED ALONGWITH HI S LETTER FORM 3 ISSUED BY THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL BE ALLOWED TO BE WITHDRAWN. ITA NO.4933/MUM/2019 A.Y. 2013 - 14 CHINTAN NITIN KOTHARI VS. ACIT - 26(1) 2 3. THE LD. D.R DID NOT CONTROVERT 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UN DER THE VIVAD SE VISHWAS SCHEME, THEN, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATI ON OF HI S AFORE MENTIONED APPEAL . 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATIONS RECORDED HEREINABOVE. ORDER PRONO UNCED IN THE OPEN COURT ON 25 /08/2021 SD/ - SD/ - (S.RIFAUR RAHMAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 25 .08.2021 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