SUNTECK REALTY LIMITED, MUMBAI V. DCIT CENT. CIR. 3(4), , MUMBAI

ITA 6061/MUM/2017

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9931 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 28-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.6061/MUM/2017 (A.Y: 2009-10) SUNTECH REALITY LTD., 5 TH FLOOR, SUNTECH CENTRE, 37-40, SUBHASH ROAD, VILE PARLE (E), MUMBAI 400057. VS. DCIT , CC - 3(4) MUMBAI. ./ ./ PAN/GIR NO. : AAACI0336E APPELLANT .. RESPONDENT APPELLANT BY : SHRI VINITA SHAH RESPONDENT BY : SHRI T.S. KHALS A , DR DATE OF HEARING 26 .0 7 .2021 DATE OF PRONOUNCEMENT 26 .0 7 .2021 / O R D E R PER PAVAN KUMAR GADALE JM: THE ASSESSEE HAS FILED THE APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-51, MUM BAI, DATED 08.08.2017 PASSED U/S 143(3) R.W.S 147 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD.AR OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION AND FORM NO-3 ITA NO. 6061/MUM/2017 SUNTECK REALITY LTD., MUMBAI. - 2 - UNDER VSVS RULES 2020 WAS RECEIVED. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FO R VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT. 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 ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.07.2021. SD/- SD/- ( SHAMIM YAHYA ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 26.07.2021 KRK, PS ITA NO. 6061/MUM/2017 SUNTECK REALITY LTD., MUMBAI. - 3 - / 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) ITAT, MUMBAI