SHEETAL PRABHU DEVELOPERS PRIVATE LIMITED, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX , PALGHAR CIRCLE, PALGHAR

ITA 6925/MUM/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6327 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 03-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA No.6925 & 6926/Mum/2018 (A.Ys: 2009-10 & 2010-11) Sheetal Prabhu Developers Pvt Ltd., House No. 368, SNo. 107, IP-45, Nagave, Tal Palghar, Palghar – 401102. Vs. ACIT, Palghar Circle Palghar. Maharashtra ./ज आइआर ./PAN/GIR No. : AAJCS5921Q Appellant .. Respondent Appellant by : None Respondent by : Shri Vinay Kaushal. DR Date of Hearing 01.12.2021 Date of Pronouncement 02.12.2021 आद श / O R D E R PER PAVAN KUMAR GADALE JM: The assessee has filed the appeals against the separate orders of the Commissioner of Income Tax (Appeals)-3, Thane passed u/s 143(3) r.w.s 147 of the Income Tax Act, 1961. 2. At the time hearing, a letter dated 1-11-2021 was filed mentioning that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an application and Form no-3 ITA No. 6925 & 6926/Mum/2018 Sheetal Prabhu Developers Pvt Ltd., Mumbai. - 2 - under VSVS Rules 2020 was received. The Ld. DR has no objections. 3. We heard the Ld. DR submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the appeals of the assessee as withdrawn and the assesse is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law. 4. In the result, both the appeals filed by the assessee are dismissed. Order pronounced in the open court on 02.12.2021. Sd/- Sd/- ( AMARJIT SINGH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 02.12.2021 KRK, PS ITA No. 6925 & 6926/Mum/2018 Sheetal Prabhu Developers Pvt Ltd., Mumbai. - 3 - /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. आ र आ / The CIT(A) 4. आ र आ ( ) / Concerned CIT 5. "#$ % & &' , आ र ) र*, हमद द / DR, ITAT, Mumbai 6. % -. / 0 / Guard file. ान ु सार/ BY ORDER, " & //True Copy// 1. ( Asst. Registrar) ITAT, Mumbai ITA No. 6925 & 6926/Mum/2018 Sheetal Prabhu Developers Pvt Ltd., Mumbai. - 4 - Date Initial 1. Draft dictated on 01.12.21 PS 2. Draft placed before author 02.12.21 PS 3. Draft proposed & placed before the second member PS 4. Draft discussed/approved by Second Member. PS 5. Approved Draft comes to the Sr.PS/PS PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed 2. Other Member... on whi