Shri Nemichand J. Ranka, MUMBAI V. DCIT, Central Circle-1(2), MUMBAI

ITA 5080/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3786 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 02-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5080/MUM/2019 ASSESSMENT YEAR: 2016-17 SHRI NEMICHAND J. RANKA, FLAT NO. 1, 1 ST FLOOR, PAWAPURI APARTMENT, 9 TH KHETWADI, V.P. ROAD, MUMBAI-400 004. VS. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PRATISHTHA BHAVAN, OLD CGO ANNEXE, MAHARISHI KARVE ROAD, MUMBAI-400 020. PAN NO. ACTPR 7823 H APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. SANJAY J. SETHI, DR DATE OF HEARING : 22/02/2021 DATE OF PRONOUNCEMENT : 22/02/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2016-17. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-47, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) THE INCOME TAX ACT 1961, (THE ACT). 2. THE ASSESSEE HAS FILED A LETTER DATED 18.02.2021 BEFORE THE TRIBUNAL STATING THAT HE HAS APPLIED FOR VIVAD SE VISHWAS SC HEME, 2020 ON 07.12.2020 IN FORM NO. 1 & 2 AND FORM NO. 3 DATED 0 1.02.2021 HAS BEEN RECEIVED BY HIM. ENCLOSING THESE FORMS ALONG WITH T HE ABOVEMENTIONED LETTERS, THE ASSESSEE SUBMITS THAT THE APPEAL FILED BY HIM MAY BE TREATED AS WITHDRAWN. ITA NO. 5080/M/2019 SHRI NEMICHAND J. RANKA 2 WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE THE ABOVE LETTER OF THE ASSESSEE. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAI D ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPU TES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEF ORE THE SUPREME COURT OF INDIA. CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22/02/2021. SD/- SD/- ( SAKTIJIT DEY ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 22/02/2021 RAHUL SHARMA, SR. P.S. ITA NO. 5080/M/2019 SHRI NEMICHAND J. RANKA 3 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI