ITO 22 (1)(5), Mumbai V. SHRI. HIMMATLAL GIRDHARLAL THAKKAR, Mumbai

ITA 5708/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6913 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 05-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 201

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI , BEFORE VIKAS AWASTHY, JUDICIAL MEMBER . 5 707 / / 20 19 ( . . 201 0 - 11 ) ITA NO. 5 70 7 /MUM/ 20 19 (A.Y. 201 0 - 11 ) . 5708 / / 20 19 ( . . 2011 - 12 ) ITA NO. 5708 /MUM/20 19 (A.Y. 2011 - 12 ) INCOME TAX OFFICER 22(1)(5) 323, 3 RD FLOOR, PIRAMAL CHAMBERS, LAL BAUGH, PAREL, MUMBAI 400 0 12 ...... / APPELLANT VS. SHRI HIMMATLAL GIRDHARLAL THAKKAR, 55 - E, KEDARNATH CHAWL, DR.AMBEDKAR ROAD, KHAR(W), MUMBAI 400 052 PAN: AAAPT4805A ..... / RESPONDENT A SSESSEE BY : LETTER DATED 21/01/2021 REVENUE BY : SHRI SUSHIL KUMAR MISHRA / DATE OF HEARING : 3 1 /03/2021 / DATE OF PRONOUNCEMENT : 3 1 /03/2021 / O RDER TH ESE APPEAL S BY THE REVENUE ARE DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 34 , MUMBAI ( IN SHORT THE CIT(A)) DATED 09/05/2019 COMMON FOR THE ASSESSMENT YEARS 2010 - 11 AND 201 1 - 12. 2. THE ASSESSEE HAS FILED LETTER DATED 21/01/2021 STATING THAT THE ASSESSEE HAS OPTED FOR SETTLEMENT OF THE SE APPEAL S UNDER VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND HAS FILED DECLARATION BEFORE THE CONCERNED AUTHORITY A ND THE SAME HA S BEEN ACCEPTED, FORM - 3 RECEIVED. 2 ITA NO. 5707/MUM/2019(A.Y.2010 - 11) ITA NO. 5708/MUM/2019(A.Y.2011 - 12) 3. SHRI SUSHIL KUMAR MISHRA , REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO SETTLE THE SE APPEAL S TO AVAIL THE BENEFIT OF VSVS. 4. SINCE, THE ASSESSEE HAS OPT ED FOR AVAILING THE BENEFIT OF VSVS, THE APPEAL S FILED BY THE REVENUE H AVE BECOME INFRUCTUOUS AND ARE THUS, LIABLE TO BE DISMISSED, AS SUCH. 5. LIBERTY IS GRANTED TO THE REVENUE/APPELLANT TO REVIVE THE APPEAL S , IF THE ASSESSEE/RESPONDENT FOR ANY R EASON WHATSOEVER FAILS TO COMPLY THE CONDITIONS SPECIFIED IN FORM - 3 . THE APPEAL S BY REVENUE ARE DISMISSED AS INFRUCTUOUS, WITH LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY , THE 31 ST DAY OF MARCH , 2021. SD/ - ( VIKAS AWASTHY ) / JUDICIAL MEMBER / MUMBAI , / DATED 3 1 /0 3 /2021 VM , SR. PS (O/S) CO PY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT , 2. / THE RESPONDENT. 3. ( ) / TH E CIT(A) - 4. CIT 5. , . . . , / DR, ITAT, MUMB AI 6. / GUARD FILE . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI