M/S RISHAB STEEL HOUSE, MUMBAI V. ASST CIT 19 (3), MUMBAI

ITA 6874/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8666 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 08-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 6874/MUM/2019 (A.Y: 2008-09) M/S RISHAB STEEL HOUSE 101/102, RISHAB SHEET HOUSE, 301 DUNCAN ROAD, MA ROAD, MUMBAI 400004. VS. ACIT 19(3) MATRU MANDIR, 2 ND FLOOR, NO. 206, TARDEO ROAD, MUMBAI 400007. ./ ./ PAN/GIR NO. : AACFR2807C APPELLANT .. RESPONDENT APPELLANT BY : SHRI RUTUJA N PAWAR , AR RESPONDENT BY : MS. SMITA VERMA, DR DATE OF HEARING 12 .0 3 .2021 DATE OF PRONOUNCEMENT 15 .0 3 .2021 / O R D E R PER PAVAN KUMAR GADALE: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 3, MUMBAI, PASSED U/S. 143(3) R.W.S 147 AND 250 OF THE INCOME TAX ACT, 1961. 2. AT THE TIME HEARING, THE LD. AR OF THE ASSESSEE HAS FILED A LETTER DATED 08-03-2021 EXPLAINING THAT THE ASSESSEE IS INTEND TO SETTLE THE TAX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2020(VSVS2020) AND FILED AN ITA NO. 6874/MUM/2019 RISHAB STEEL HOUSE. - 2 - APPLICATION IN FORM NO. 1 & 2 UNDER VSVS RULES 2020 . CONTRA, THE LD. DR HAS NO OBJECTIONS. 3. WE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE ASSESSEE HAS OPTED F OR VIVAAD SE VISHWAS SCHEME 2020 AND THE LD.AR HAS F ILED A LETTER DT 08-03-2021 MENTIONING THAT THE ASSESSEE HAS APPLIED UNDER VSVS 2020 AND HAS RECEIVED FORM-3 FRO M THE INCOME TAX DEPARTMENT. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDIN G. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASSESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRE SENT ORDER AS PER PROVISIONS OF LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2021 SD/- SD/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 15.03.2021 KRK, PS ITA NO. 6874/MUM/2019 RISHAB STEEL HOUSE. - 3 - / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) 4. ( ) / CONCERNED CIT 5. '#$%&&' , )* , / DR, ITAT, MUMBAI 6. %-./0 / GUARD FILE. / BY ORDER, '& //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBA I