YUSUF BHAVNAGARWALA, MUMBAI V. INCOME TAX OFFICER-23(3)(5), MUMBAI

ITA 5136/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0183 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 06-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI

Judgement Text

1 I.T.A. NO. 513 6 &5137 /MUM/2019 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) I.T.A. NO S .513 6 & 5137 MUM/2019 (ASSESSMENT YEAR S 20 11 - 1 2 & 2010 - 11 ) YUSUF BHAVNAGARWALA 207, MASJID BUILDING D MONTE STREET BANDRA (W), MUMBAI - 400 050 PAN : A IMPB4523B VS ITO 23 ( 3 )( 5 ), MUMBAI APPELLANT RESPONDENT APPELLANT BY LETTER DATED 24 - 02 - 2021 RESPONDENT BY SHRI SANJAY SETHI , DR DATE OF HEARING 25 - 02 - 2021 DATE OF PRONOUNCEMENT 1 1 - 0 3 - 2021 O R D E R PER SAKTIJIT DEY (JM) AFORESAID APPEALS BY THE SAME ASSESSEE ARISE OUT OF A COMMON ORDER DATED 20 - 05 - 2019 OF LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 34, MUMBAI FOR THE ASSESSMENT YEARS 2011 - 12 & 2010 - 11, RESPECTIVELY. 2. WHEN THE APPEALS WERE CALLED FOR HEARING, NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER, ASSESSEE HAS FILED LETTERS DATED 24 - 02 - 202 1 STATING THAT HE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. HE HAS ALSO STATED THAT FORM NO.3 ISSUED BY THE 2 I.T.A. NO. 513 6 &5137 /MUM/2019 DESIGNATED AUTHORITY HAS BEEN RECEIVED BY HIM. COPIES OF THE DECLARATIONS IN FORMS 1AND 2AND CERTIFICATES ISSUED IN FORM 3 HAVE BEEN ATTACHED TO THE LETTERS. IN VIEW OF THE AFORESAID, ASSESSEE HAS EXPRESSED HIS INTENTION TO WITHDRAW THESE APPEALS . THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO THE AFORESAID REQUEST OF THE ASSESSEE. 3. CONSIDERING THE REQUEST OF THE ASSESSEE, WE PERMIT HIM TO WITHDRAW THESE APPEALS. ACC ORDINGLY, APPEALS ARE DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEALS ARE DISMISSED. ORDER PRONOUNCED ON 1 1 /03/2021. S D / - S D / - (N.K.PRADHAN) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT : 1 1 /0 3 /2021 PAVANAN COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI