SUNIL HINGORANI, MUMBAI V. ACIT-16 (1) , MUMBAI

ITA 5876/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3453 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 11-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: KARAN LALA
• Section: 143(3); 250; 254(2); 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 5876/MUM/2019 (A.Y: 2013-14) SUNIL HINGORANI 8-B, NIBHANA ANNEX PALI HILL, BANDRA (W), MUMBAI. VS. ACIT - 16(1), R.NO. 439, 4 TH FLOOR, AAYAKAR BHAVAN, CHURGATE, MUMBAI. ./ ./ PAN/GIR NO. : AAAOG1482P APPELLANT .. RESPONDENT APPELLANT BY : SHRI KARAN LALA, AR RESPONDENT BY : SHRI VIJAY KUMAR MENON , DR DATE OF HEARING 11 .0 3 .2021 DATE OF PRONOUNCEMENT 12 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 4 MUM BAI, PASSED U/S. 143(3) AND 250 OF THE INCOME TAX ACT, 1 961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR ITA NO. 5876/MUM/2019 SUNIL HINGORANI, MUMBAI - 2 - VIVAAD SE VISHWAS SCHEME 2020 AS MENTIONED BY THE LD.AR AND FILED THE APPLICATION.WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PEN DING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.03.2021 SD/- SD/- (S RIFAUR RAHMAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 12.03.2021 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITA NO. 5876/MUM/2019 SUNIL HINGORANI, MUMBAI - 3 - ITAT, MUMBA I DATE INITIAL 1. DRAFT DICTATED ON 10.03.21 PS 2. DRAFT PLACED BEFORE AUTHOR 10.03.21 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER PS 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. PS 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DICTATION PAD IS ENCLOSED 2. OTHER MEMBER ON WHI