SHRI SACHIN CHHABILDAS SHETH, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX -2(1)(1), MUMBAI

ITA 5143/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3745 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 06-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: MAYUR R MAKADIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 5143/MUM/2019 (A.Y: 2009 - 10 ) SHRI SACHIN CHHABILDAS SHETH 231 - C, GRAND PARADI CHS AUGUST KRANTI MARG, 572 DADYSETH HILLS, KEMPS CORNER MUMBAI - 400036 PAN: AAPPS8823E V. DY. CIT RANGE 2(1)(1) 5 TH FLOOR, AAYAKAR BHAVAN M.K. ROAD MUMBAI 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MAYUR R. MAKADIA DEPARTMENT BY : SHRI VIJAY KUMAR MENON DATE OF HEARING : 25 .02.2021 DATE OF PRONOUNCEMENT : 01 .03 .2021 O R D E R PER C.N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 4, MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 24.05.2019 FOR THE ASSESSMENT YEAR 2009 - 10. 2 ITA NO. 5143/MUM/ 2019 (A.Y: 2009 - 10) SHRI SACHIN CHHABILDAS SHETH 2. ASSESSEE FILED A LETTER DATED 06 TH JANUARY, 2021 AND SUBMITTED AS UNDER: - RE: SHRI SACHIN CHABILDAS SHETH - PAN: AAPPS8823E ITA NO. 5143/ M/ 2019 FOR AY 2009 - 10 SUB: WITHDRAWAL OF APPEAL FILED I REFER TO THE CAPTIONED APPEAL WHICH HAS BEEN FILED BY ME BEFORE THE HON'BLE INCOME TAX APPELLATE TRIBUNAL MUMBAI ON 6 TH AUGUST 2019 AND IS YET PENDING FOR DISPOSAL. I, THE ASSESSEE, HAVE PREFERRED TO SETTLE THE DISPUTE 'BY OPTING FOR THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2019 ANNOUNCED BY THE GOVERNMENT OF INDIA. I HAVE ACCORDINGLY FILED MY DECLARATION IN FORM NO. 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 FOR THE SETTLEMENT OF THE PRESENT APPEAL THE SAME ARE ENCLOSED HEREWITH. THE DECLARATION HAS ALSO BEEN ACCEPTED BY THE DESIGNATED AUTHORITY BEING PR.CIT - 2 AND FORM NO. 3 BEARING CERTIFICATE NUMBER 110928210060 121 DATED 06.01.202 1 HAS ALSO BEEN ISSUED BY PR. CI T - 2. THE SAID FORM - 3 IS ENCLOSED HEREWITH. AS PER THE SAID FORM - 3, I AM ENTITLED TO A REFUND OF RS.80,417/ - ON ACCOUNT OF EXCESS PAYMENTS OF THE TAX AMOUNT. UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT 202 0 ONCE THE DECLARATION MADE BY THE ASSESSEE IS ACCEPTED, BY THE DESIGNATED AUTHORITY, THE ASSESSEE IS REQUIRED TO WITHDRAW THE APPEAL IN RESPECT OF WHICH THE DECLARATION HAS BEEN FILED. ACCORDINGLY, I HEREBY REQUEST THE PERMISSION OF THE HON'BLE INCOME TAX APPELLATE TRIBUNAL TO ALLOW ME TO WITHDRAW THE PRESENT APPEAL WHICH IS THE SUBJECT MATTER OF THE DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. 3. ON A PERUSAL OF THE ABOVE LETTER AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE H AS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR 3 ITA NO. 5143/MUM/ 2019 (A.Y: 2009 - 10) SHRI SACHIN CHHABILDAS SHETH WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWA L OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED ON 01 .03 .2021 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD SD/ - SD/ - ( S. RIFAUR RAHMAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 01 / 03 / 2021 GIRIDHAR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM