PRASHANT SURESH SHETH, MUMBAI V. ITO 19 (2)(5), MUMBAI

ITA 6869/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3936 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 07-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: IN PERSON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC , MUMBAI BEFORE SHRI SAKTIJIT DEY (JM) ITA NO. 6869/MUM/2019 ASSESSMENT Y EAR: 2009 - 10 PRASHANT SURESH SHETH, 114/D - 1 - A, 1 ST PARSIWADA, V.P. ROAD, C.P. TANK, MUMBAI - 400004 PAN: AACPS6620A VS. INCOME TAX OFFICER 19 (2)(5), MATRU MANDIR, TARDEO ROAD, MUMBAI - 400007 (APPELLANT) (RESPONDENT) ASSESSEE BY : IN PERSON REVENUE BY : SHRI SAURABH KUMAR RAI (DR ) DATE OF HEARING : 24 /05 /202 1 DATE OF PRONOUNCEMENT: 24 / 0 5 /202 1 O R D E R THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 25.04.2019 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 4 , MUMBAI FOR THE ASSESSM E NT YEAR 2009 - 10 . 2. WHEN THE APPEAL WAS CALLED F OR HEARING IN THE VIRTUAL COURT, T HE ASSESSEE APPEARED IN PERSON AND SUBMITTED THAT HE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THE PRESENT APPEAL BY FILING DECLARATION UNDER THE DIRECT TAX VIVAD SE VIS HWAS ACT, 2020 AND HAS RECEIVED THE CERTIFICATE ISSUED BY THE DESIGNATED AUTHORITY IN FORM - 3. HE SUBMITTED , HE HAS NOT YET DEPOSITED THE TAX PAYABLE UNDER THE SCHEME BUT WILL PAY IT SOON. A LE TTER DATED 20.05.2021 TO THIS EFFECT HAS ALSO BEEN FURNISHED BY THE ASSESSEE. 3. I HAVE CONSIDERED THE SUBMISSIONS OF THE ASS ESSEE AND HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE. CONSIDERING THE FACT THAT THE ASSESSEE 2 ITA NO. 6869 / MUM/2019 ASSESSMENT YEAR: 2009 - 1 0 HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THE PRESENT APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS RECEIVED FORM - 3 ISS UED BY THE DESIGNATED AUTHORITY, I AM INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. HOWEVER, IF FOR ANY UNFORESEEN REASON S , ASSESSEES DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IS NOT ACCE PTED BY THE REVENUE, L IBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL. 4. IN THE RESULT, APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH MAY , 2021 . SD/ - (SAKTIJIT DEY) JUDICIAL MEM BER MUMBAI ; DATED: 24 / 05 /202 1 ALINDRA, PS / 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// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI