SAYATIBEN BHANWARLAL SANGHVI, MUMBAI V. ITO 19 (3)(2), MUMBAI

ITA 6639/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6757 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 23-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO. 6639/MUM/2019 A.Y. 2014 - 15 SAYATIBEN BHANWARLAL SANGHVI VS. ITO 19(3)(2) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 6639/MUM/2019 (ASSESSMENT YEAR: 2014 - 15 ) SAYATIBEN BHANWARLAL SANGHVI C/O D.C. BOTHRA & CO. LLP(CA) (FORMERLY KNOWN AS D.C. BOTHRA & CO.) 297, TARDEO ROAD, WILLE MANSION, 1 ST FLOOR, OPP BANK OF INDIA, NANA CHOWK, MUMBAI VS. ITO 19(3)(2) 2 ND FLOOR, MATRU MANDIR, TARDEO ROAD, MUMBAI - 400007 PAN NO. ANLPS8456N (ASSESSEE) (REVENUE) ASSESSEE BY : WI THDRAWAL REQUEST LETTER DATED 01.04 .2021 REVENUE BY : SHRI SUSHIL KUMAR MISHRA , D.R DATE OF HEARING : 05/04 /2021 DATE O F PRONOUNCEMENT : 05 /0 4 /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 TH E INCOME - TAX ACT, 1961, DATED 26.12.2016 FOR ASS ESSMENT YEAR 2014 - 15 . 2. THE ASSESSEE S COUNSEL HAD FILED A LETTER DATED 01 ST APRIL , 2021, WHEREIN IT IS STATED THAT THE ASSESSEE HAS FILED AN APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IN FORM 1 & FORM 2 IN ORDER TO SETTLE THE AFORESAID MATTER PENDING BEFORE THE TRIBUNAL AND IS AWAITING FOR THE ISSUANCE OF FORM 3 BY THE DESIGNATED AUTHORITY. IN SUP PORT OF ITS AFORESAID CLAIM THE COPIES OF FORM 1 & FORM 2 HAD BEEN ENCLOSED ALONGWITH THE AFORESAID LETTER . 3. THE LD . D.R DID NOT CONTROVERT THE AFORESAID FACTUAL POSITION AS HAD BEEN 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 IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE T RIBUNAL FOR RESTORATION OF HIS APPEAL. ITA NO. 6639/MUM/2019 A.Y. 2014 - 15 SAYATIBEN BHANWARLAL SANGHVI VS. ITO 19(3)(2) 2 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRONOUN CED IN THE OPEN COURT ON 05 /04 /2021. SD/ - SD/ - (MANOJ KUMAR AGGARWAL) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 05 .04 .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