AJAY DAULATRAM TEKCHANDANI, MUMBAI V. ITO, 32(1)(2), MUMBAI

ITA 5426/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1517 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 20-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SREENIV A SA RAGHVAN
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 5426 /MUM/2019 (A.Y: 201 4 - 15) AJAY DAULATRAM TEKCHANDANI B - 202, NEW HERITAGE CHS NEAR R.B.I QUARTERS KANDERPADE , DAHLSAR(WEST) MUMBAI - 400068 PAN: ACEPT3085A V. INCOME TAX OFFICER - 32(1)(1) KAUTILYA BHAWAN BANDRA KURLA COMPLEX BANDRA(E), MUMBAI - 400051 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI SREENIV A SA RAGHVAN DATE OF HEARING : 1 2.02.2021 DATE OF PRONOUNCEMENT : 12.02.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 44 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 10.06 .2019 FOR THE A.Y . 201 4 - 15. 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 2 5 TH JANUARY, 2021 AND SUBMITTED AS UNDER: - RE: AJAY DAULATRAM TEKCHANDANI PAN NO: ACEPT3085A A. Y.: 2014 - 15 ITA.NO. 5426/MUM/2019, DOH - 15.03.2021 2 ITA NO. 5426/MUM/2019 (A.Y: 2014 - 15) AJAY DAULATRAM TEKCHANDANI SUB: WITHDRAWAL OF APPEAL. OUR AFORESAID CLIENT HAD PREFERRED AN APPEAL AGAINST THE ORDER PASSED BY LEARNED CIT APPEAL - 44 ON 20/08/2019. HOWEVER, OUR AFORESAID CLIENT HAD DECIDED TO PREFER THE OPTION OF FILING DECLARATION UNDER VIVAD SE VISHWAS SCHEME 2020 AND ACCORDINGLY HE HAD FILED FORM NO. 1 & 2 UNDER THE SAID SCHEME ON 25/12/2020. HE HAS RECEIVED THE CERTIFICATE IN FORM NO. 3 BEARING ACKNOWLEDGEMENT NO. 221963270210121 FROM PCIT, MUMBAI - 17 . COPY OF FORM NO. 3 IS ENCLOSED HEREWITH. IN THE GIVEN CIRCUMSTANCES, OUR CLIENT WISH TO WITHDRAW THE ABOVE MENTIONED APPEAL UNDER THE PROVISION OF VIVAD SE VISHWAS SCHEME 2020, SINCE HE HAS RECEIVED FORM NO. 3 FROM PCIT, MUMBAI - 17. 3. ON A PERUSAL OF THE ABOVE LETTER FILED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACC EPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE VIRTUAL COURT ON 12.02.2021 SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 12 / 02 / 2021 GIRIDHAR, SR.PS 3 ITA NO. 5426/MUM/2019 (A.Y: 2014 - 15) AJAY DAULATRAM TEKCHANDANI 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