SHRI ASHOK K. SHAH, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX-27(1), MUMBAI

ITA 5438/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3532 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 21-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 271(1)(c)

Judgement Text

ITA NO. 5438/MUM/2019 A.Y. 2010 - 11 SHRI ASHOK K. SHAH VS. ACIT - 27(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5438/MUM/2019 (ASSESSMENT YEAR: 2010 - 11 ) SHRI ASHOK K. SHAH C - 228(1), GHATKOPAR INDUSTRIAL ESTATE, LBS MARG, GHATKOPAR (WEST), MUMBAI 400 086 VS. ACIT - 27(1 ), ROOM NO. 415 , 4 TH FLOOR, VASHI, RAILWAY STATION COMPLEX, VASHI, NAVI MUMBAI 400 703 PAN NO. AAFPS7940C (ASSESSEE) (REVENUE) ASSESSEE BY : (WITHDRAWAL REQUEST LETTER, DATED 17.02.2021) REVENUE BY : SHRI BRAJENDRA KUMAR , D.R DATE OF HEARING : 18 /02/2021 DATE OF PRONOUNCEMENT : 18 /02/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER PASSED BY THE CIT(A) - 25 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATE D 29.03.2018 FOR ASSESSMENT YEAR 2010 - 11 . 2. THE ASSESSEE HAS FILED A LETTER ON 17 TH FEBRUARY, 20 21, WHEREIN IT IS STATED THAT HE HAS FILED AN APPLICATION VIDE FORM NO. 1 ON 21.12.2020 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING B EFORE THE TRIBUNAL AND HAS RECEIVED THE CERTIFICATE IN FORM 3 FROM THE DESIGN ATED AUTHORITY. IN SUPPORT OF HI S AFORESAID CLAIM THE ASSESSEE HAS ENCLOSED ALONGWITH HI S LETTER FORM 1 AND FORM 3 ISSUED BY THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOWED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFO RE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF HI S APPEAL. ITA NO. 5438/MUM/2019 A.Y. 2010 - 11 SHRI ASHOK K. SHAH VS. ACIT - 27(1) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRON OUNCED IN TH E OPEN COURT ON 18 /02/2021. SD/ - SD/ - (MANOJ KUMAR AGGARWAL) (RAVISH SOOD) ACCOUNTANT MEM BER JUDICIAL MEMBER MUMBAI ; DATED: 18 .02.2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI