JOGINDER SETHI, MUMBAI V. ITO (IT)-4(2)(1), MUMBAI

ITA 6465/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1516 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 10-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: KIRIT MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 6465 / / 2019 (%. .2011-12 ) ITA NO. 6465/MUM/2019 (A.Y.2011-12) JOGINDER SETHI, C/O.G.P.KAPADIA & CO, 61-A MITTAL TOWER, NARIMAN POINT, MUMBAI 400 021 PAN: CUDPS2203J / VS. : / APPELLANT INCOME TAX OFFICER -4(2)(1), AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400 021. : / RESPONDENT ASSESSEE BY : SHRI KIRIT MEHTA REVENUE BY : MS. SMITA VERMA / DATE OF HEARING : 10/12/2020 / DATE OF PRONOUNCEMENT : 12/02/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-58, MUMBAI (IN SHORT THE CIT( A)) DATED 28/08/2019 FOR THE ASSESSMENT YEAR 2011-12. 2. THIS APPEAL WAS HEARD ON MERITS OF THE ADDITION, HOWEVER, BEFORE THE ORDER COULD BE PASSED THE ASSESSEE OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT 2 ITA NO. 6465/MUM/2019 (A.Y.2011-12) VSVS) AND HAS FILED DECLARATION IN THE PRESCRIBED FORM NO.1 & 2. THE ASSESSEE VIDE LETTER DATED 10/02/2021 HAS INFORMED THAT THE DECLA RATION UNDER VSVS HAS BEEN ACCEPTED AND FORM NO.3 HAS BEEN ISSUED BY THE DEPAR TMENT. THEREFORE, THE ASSESSEE WISHES TO WITHDRAW THE APPEAL WITH A LIBER TY TO REVIVE THE APPEAL IN CASE THE APPLICATION UNDER VSVSDOES NOT FINALLY MATURE . 3. IN VIEW OF THE FACT THAT ASSESSEE HAS OPTED FOR VSVS AND THE DECLARATION FILED BY ASSESSEE HAS BEEN ACCEPTED, THE ASSESSE ES REQUEST FOR WITHDRAWAL OF APPEAL IS ALLOWED. ACCORDINGLY, THE APPEAL BY ASSE SSEE IS DISMISSED AS WITHDRAWN WITH THE LIBERTY AS PRAYED. 4. IN THE RESULT, APPEAL BY ASSESSEE IS DISMISSED A S WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY T HE 12 TH DAY OF FEBRUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 12/02/2021 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI 3 ITA NO. 6465/MUM/2019 (A.Y.2011-12) DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT F OR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER