ITO 32 (1)(5), MUMBAI V. MR. HITESH NAVINCHANDRA MEHTA, MUMBAI

ITA 6799/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3301 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2010-2011
• Appeal Filed On: 04-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JITENDRA SINGH

Judgement Text

ITA NO. 6799/MUM/2019 ASSESSMENT YEAR: 2010 - 11 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI K BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT)] AND RAVISH SOOD (JUDICIAL MEMBER)] ITA NO. 6799/MUM/2019 ASSESSMENT YEAR: 2010 - 11 INCOME TAX OFFICER - 32(1)(5) MUMBAI .. APPELLANT VS. M R . H I T E S H N A V I N C H A N D R A M E H T A .. RESPONDENT A / 4 0 1 , P L E A S A N T P A L A C E , S O D A W A L A L A N E , B O R I V A L I ( W ) M U M B A I 4 0 0 0 9 2 [PAN: AABPM0243Q] APPEARANCES: VIJAY KUMAR SUBRAMANIYAM FOR THE APPELLANT JITENDRA SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : OCTOBER 01, 2021 DATE OF PRO NOUNCEMENT : OCTOBER 2 1 , 2021 O R D E R PER PRAMOD KUMAR, VP: 1. THIS APPEAL, FILED BY THE ASSESSING OFFICER, CALL INTO QUESTION THE CORRECTNESS OF THE ORDER DATED 30.08.2019, PASSED BY THE LD. CIT(A) - 44, MUMBAI IN THE MATTER OF ASSESSMENT U/S.271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2010 - 11. 2. W HEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE ASSESSEE HAS MOVED PETITION SEEKING WITHDRAWAL OF THE APPEAL AND THE ASSESSEE HAS ALSO FILED FORM 5, 1 & 2 ON THE GROUND THAT THE MATTER IS SETTLED UNDER VIVAD SE VISHWAS SCHEME 2020. 3. LEARNED DEPARTMENTA L REPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE AND LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO AGREED THAT THE APPEAL OF THE REVENUE MAY BE DISMISSED AS WITHDRAWN WITH SIMILAR RIGHT OF REVIVAL OF THE APPEAL. 4. THERE IS NO DISPUTE THAT ONCE THE MATTER IS RESOLVED UNDER VIVAD SE VISHWAS SCHEME 2020, THE RELATED APPEAL IS REQUIRED TO BE WITHDRAWN. ITA NO. 6799/MUM/2019 ASSESSMENT YEAR: 2010 - 11 PAGE 2 OF 2 5. IN VIEW OF THE ABOVE POSITION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO DISMISS THIS APPEAL AS WITH DRAWN. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 2 1 S T DAY OF OCTOBER 2021. S D / - S D / - RAVISH SOOD PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 2 1 S T DAY OF OCTOBER 2021. COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR/SR. PS INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI