GITA YOGENDRA DIVECHA , MUMBAI V. ITO 16 (1)(1), MUMBAI

ITA 6828/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6700 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 06-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) SMC BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA NO. 6828 /MUM/2019 (A.Y: 2009 - 10 ) S HRI GITA YOGENDRA DIVECHA 807, C UMBULLA C REST 42, PEDDAR R OAD MUMBAI - 400026 PAN: AAIPD2688R V. INCOME TAX OFFICER 16 ( 1 )( 1 ) K AUTILYA B HAVAN BANDRA KURLA COMPLEX BANDRA(E) , MUMBAI - 400051 (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI SANJAY J. SETHI DATE OF HEARING : 21 .01.2021 DATE OF PRONOUNCEMENT : 21 .01.2021 O R D E R PER C.N. PRASAD (JM) 1. TH IS APPEAL IS FILED BY THE ASSESSEE AGAINST ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 30 , MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 16.09.2019 FOR THE A.Y . 2009 - 10 . 2. ASSESSEE THROUGH ITS AUTHORIZED REPRESENTATIVE FILED A LETTER DATED 19 TH JANUARY , 2021 AND SUBMITTED AS UNDER: - 2 ITA NO. 6828 /MUM/2019 (A.Y: 2009 - 10 ) S HRI GITA YOGENDRA DIVECHA WITH REFERENCE TO THE ABOVE APPEAL, AND UNDER INSTRUCTIONS OF THE CLIENT, WE STATE AND SUBMIT THAT THE APPELLANT HAVE FILED AN APPEAL ON 06/11/2019 BEARING THE APPEAL NO. 6828/MUM/2019 AND MARKED FOR HEARING IN SMC BENCH AT THE TIME OF FILING. WE WOULD LIKE TO BRING TO YOUR HONOURS' KIND ATTENTION THAT FOR THE APPEAL UNDER REFERENCE, APPELLANT HAVE APPLIED IN FORM 1 & 2 UNDER THE V SVS SCHEME 2020 AND TH E APPLICATION HAS BEEN ACCEPTED AND FORM 3 HAVING ACKNOWLEDGEMENT NO. 219005810180121 IS ENCLOSED HEREWITH. IN VIEW OF THE SAME, THE SAID APPEAL IS WITHDRAWN AND ACCORDINGLY WE MAY REQUEST YOUR HONOUR'S TO KINDLY PASS AN ORDER FOR THE WITHDRAWAL OF APPEAL, SO AS TO ENABLE THE APPELLANT TO FILE THE REQUIRED FORM 4 BEFORE THE DESIGNATED AUTHORIT Y. WE SHALL REMAIN HIGHLY OBLIGED FOR AN EARLY ACTION FROM YOUR END. 3. O N A PERUSAL OF THE ABOVE LETTER OF THE ASSESSEE AND THE ENCLOSED COPIES OF FORM - 3 IT IS NOTICED THAT ASSESSEE HAS ALREADY FILED DECLARATION AND UNDERTAKING IN FORM - 1 UNDER VIVAD SE VISHWAS SCHEME AND RECEIVED FORM - 3 FROM THE REVENUE ACCEPTING THE SAID DECLARATION. ASSESSEE REQUESTED FOR WITHDRAWAL OF THE APPEAL. ACCEPTING THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF APPEAL, TH IS APPEAL IS DISMISSED AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSE SSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN VIRTUAL COURT ON 21 .01.2021. SD/ - (C.N. PRASAD) JUDICIAL MEMBER MUMBAI / DATED 21 / 01/2021 GIRIDHAR, SR.PS 3 ITA NO. 6828 /MUM/2019 (A.Y: 2009 - 10 ) S HRI GITA YOGENDRA DIVECHA COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM