AKHILESH VIJAY JAIN, MUMBAI V. ITO 17(1)91), MUMBAI

ITA 657/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 5450 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 28-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET S DUGGLE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , SMC BENCH MUMBAI BEFORE : SHRI SAKTIJIT DEY, JUDICIAL MEMBER & SHRI M.BALAGANESH, A CCOUNTANT M EMBER ITA NO. 657 /MUM/ 20 20 ( ASSESSMENT YEAR : 2014 - 1 5 ) SHRI AKHILESH VIJAY JAIN A - 101, RAJASHREE AC CORD TELLI GALLI CROSS LANE ANDHERI EAST MUMBAI 400 069 VS. ITO 17(1)(1) ROOM NO115, 1 ST FLOOR AAYAKAR BHAVAN M.K.ROAD MUMBAI 400 020 PAN/GIR NO. ACSPJ8730F (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI MANPREET S. DUGGLE DATE OF HEARING 07 / 05 /202 1 DATE OF PRONOUNCEMENT 07/ 05 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 657/MUM/2020 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 55, MUMBAI I N APPEAL NO. CIT(A) - 55/ITO - 17(1)(1)/IT - 467/2017 - 18 DATED 28/11/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 28/12/2016 BY THE LD. INCOME TAX OFFICER, 17(1)(1) , MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 657/MUM/2020 SHRI AKHILESH VIJAY JAIN 2 2. WE FIND THAT THE ASSESSEE FILED A LETTER DATED 23/04/2021 MENTIONING THAT AN APPLICATION HAD BEEN PREFERRED UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSI DERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN CO URT ON 07 / 05 /202 1 . SD/ - ( SAKTIJIT DEY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 07 / 05 / 2021 KARUNA , SR.PS ITA NO . 657/MUM/2020 SHRI AKHILESH VIJAY JAIN 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE AP PELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//