MILLIND MANOHAR DESHPANDE, KOLHAPUR V. ITO, WARD 29 (2)(2), MUMBAI

ITA 5043/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1694 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 02-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 5043/MUM/2019 (A.Y: 2011-12) MILIND MANOHAR DESHPANDE, C/O K.G. KULKARNI & ASSOCIATES, I-1007, KOLHAPUR UDYAM CO-OP, SOCIETY, Y.P. POWAR NAGAR, KOLHAPUR - 416008 / VS. INCOME TAX OFFICER, WARD 29 (2)(2), C-10, 3 RD FLOOR, PRATYAKSH KAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI - 400051 ./ ./ PAN/GIR NO. : AAMPD5174G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SARANG GUDHATE AR / RESPONDENT BY : SHRI SANJAY SETHI, DR / DATE OF HEARING 16/02/2021 / DATE OF PRONOUNCEMENT 16/02/2021 / O R D E R PER PAVAN KUMAR GADALE: ITA NO. 5043 /MUM/2019 MILIND MANOHAR DESHPANDE - 2 - THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 40, MUMBAI, PASSED U/S. 143 (3) R.W.S. 263 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN APPLICATION IN FORM 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 FOR VIVAAD SE VISHWAS SCHEME 2020 AND FILED APPLICATION AS ENVISAGED BY THE LD.AR . WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. ITA NO. 5043 /MUM/2019 MILIND MANOHAR DESHPANDE - 3 - 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.02.2021. SD/- SD/- (M. BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 16.02.2021 AK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// 1. / ( ASST. REGISTRAR) , / ITAT, MUMBAI 2. OTHER MEMBER ON