BHARAT H. BHANSALI, MUMBAI V. ITO 19 (1)(2), MUMBAI

ITA 6607/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0690 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 20-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: THARIAN OOMMEN
• Section: 143(3)

Judgement Text

ITA NO. 6607/MUM/2018 A.Y. 2013 - 14 BHARAT H. BHANSALI VS. ITO 19(1(2 ) , MUMBAI 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 6607/MUM/2018 (ASSESSMENT YEAR: 2013 - 14) BHARAT H. BHANSALI, ROOM NO. 13, 3 RD FLOOR, 97/99, SHIV VILAS BLDG, 5 TH KUMBHARWADA, 2 ND PATHAN STREET, MUMBAI 400004 VS. INCOME TAX OFFICER 19(1)(2), MATRU MANDIR, 2 ND FLOOR, TARDEO, MUMBAI 400007 PAN NO. AIFPB5740B (ASSESSEE) (REVENUE) ASSESSEE BY : W ITHDRAWAL REQUEST LETTER DATED 12.02.2021 REVENUE BY : SHRI THARIAN OOMMEN , D.R DATE OF HEARING : 15 /02/2021 DATE OF PRONOUNCEMENT : 15 /02/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 30 , MUMBAI, WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED BY THE A.O UNDER SEC. 143(3) OF THE INCOME - TAX ACT, 1961, DATED 11.03 .2016 FOR ASSESSMENT YE AR 2013 - 14 . 2. THE ASSESSEE HAS FILED A LETTER ON 12 TH FEBRUARY, 2021, WHEREIN IT IS STATED THAT HE HAD IN ORDER TO BUY PEACE OF MIND AND TO END THE PROTRACTED LITIGATION FILED AN APPLICATION IN FORM 1 & 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL AND HAS RECEIVED THE CERTIFICATE IN FORM 3 FROM THE DESIGNATED AUTHORITY. IT IS STATED BY THE ASSESSEE THAT IN THE BACKDROP OF THE AFORESAID FACTS THE CAPTIONED APPEAL MAY ALLOW ED TO BE WITHDRAWN. 3. THE LD. D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS WAS CANVASSED BEFORE US. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UN DER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH TH E TRIBUNAL FOR RESTORATION OF HI S APPEAL. ITA NO. 6607/MUM/2018 A.Y. 2013 - 14 BHARAT H. BHANSALI VS. ITO 19(1(2 ) , MUMBAI 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COU RT ON 15 /02/2021. SD/ - SD/ - (MANOJ KUMAR AGGARWAL) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 15 .02.2021 PS: ROHIT COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (SR. PRIVATE SECRETARY) ITAT, MUMBAI