RAJKUMAR BHOJRAJ LULLA , MUMBAI V. DCIT - CC- 3 (4), MUMBAI

ITA 6419/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0415 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 06-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVINDRA MISHRA
• Section: 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6419/MUM/2018 ( ASSESSMENT YEARS: 2010-11 ) RAJKUMAR BHOJRAJ LULLA 301, A, OBEROI CROSS LANE, LOKHANDWALA COMPLEX, ANDHERI. MUMBAI 400053 / VS. DCIT CC-3(4) MUMBAI. ./ ./ PAN/GIR NO. : AAFPL7378D ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI VIMAL PUNMIYA, AR / RESPONDENT BY : SHRI RAVINDRA MISHRA, SR. DR / DATE OF HEARING 09/12/2020 !'# / DATE OF PRONOUNCEMENT 15 /12/2020 / O R D E R PER PAVAN KUMAR GADALE - JM: THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -51, MUMBAI, PASSED U/S. 143(3 )R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS INTENDED TO SETTLE T HE ITA NO . 6419 /MUM/2018 RAJKUMAR BHOJRAJ LULLA, MUMBAI. - 2 - TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHE ME 2020. CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME 2020 AND HAS FILED AN APPLICATION AS MENTIONED BY THE LD.AR. WE ARE OF TH E VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE AC T TO RECALL THE PRESENT ORDER IN ACCORDANCE WITH THE PROVISIONS OF LAW. 4.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 15.12.2020 SD/- SD/- (PRAMOD KUMAR) (PAVAN KUMAR GADALE ) VICE PRESIDENT JUDICIAL MEMBER MUMBAI, DATED 15/12/2020 KRK, PS ITA NO . 6419 /MUM/2018 RAJKUMAR BHOJRAJ LULLA, 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. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI