DINAKARA NANADYAPPA SHETTY, MUMBAI V. DCIT CC 7 (1), MUMBAI

ITA 6563/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2835 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 17-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Assessee Lawyers: I R SHETTY
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 6563 /MUM./2019 ( ASSESSMENT YEAR : 20 13 14 ) DINAKARA NANADYAPPA SHETTY FLAT NO.1702, B WING, WILLOWS TWIN TOWERS, SWAPNA NAGRI, MULUND (W) MUMBAI 400 080 PAN AAVPS2187D . APPELLANT V/S DY . COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 7 ( 1 ), MUMBAI . RESPONDENT ASSESSEE BY : SHRI I.R. SHETTY REVENUE BY : SHRI GURBINDER SINGH DATE OF HEARING 13 .0 5 .202 1 DATE OF ORDER 13.05.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL PREFERRED BY THE ASSESSEE CHALLENGING THE ORDER DATED 30 TH AUGUST 2018 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 49 , MUMBAI, PERTAINING TO THE ASSESSMENT YEAR 201 3 14 . 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE DRAWN OUR ATTENTION TO HIS LETTER DATED 12 TH MAY 2021, SEEKING WITHDRAWAL OF ITS APPEAL IN VIEW OF THE FACT THAT IT HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE V IVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED B Y THE 2 DINAKARA NANADYAPPA SHETTY ACKNOWLEDGEMENT IN FORM 1 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME AND FORM NO. 3 ISSUED BY THE R E VENUE . THE AFORESAID LETTER ALONG COPY OF FORM NO.1 AND 3 , ARE ALSO KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAW AL OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR S ETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE S INCE THE REVENUE ISSUED FORM NO.3 . WITH THE SE OBSERVATIONS, THE APPEAL BY THE ASSESSEE IS LIABLE TO BE DISMISSED AS WITHDRAWN . 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 13.05.2021 SD/ - MAHAVIR SINGH VICE PRESIDENT SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 13.05.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI