DHARMENDRA MADHAVAL PATEL, MUMBAI V. DCIT-CC-5 (1) , MUMBAI

ITA 7340/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6200 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 21-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: VINAY MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , AM AND SHRI AMARJIT SINGH, JM I.T.A. NO. 7340 /MUM/201 8 ( ASSESSMENT YEAR: 20 08-09 ) SHRI DHARMENDRA MADHVLAL PATEL (PROP. OF M/S.D.M.EXPORTS) 4/F RAGHAV WADI, GROUND FLOOR, FRENCH BRIDGE MUMBAI - 400 07 / VS. DCIT ,CENTRAL CIRCLE - 5(1) ROOM NO.1908, 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT MUMBAI - 400 021 PAN/GIR NO. : A FCPP0264L ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY: SHRI. VINAY MEHTA, AR REVENUE BY: SMT. USHA GAIKWAD, DR / DATE OF HEARING: 1 8 /01/2021 /DATE OF PRONOUNCEMENT: 18 /01/2021 O R D E R PER AMARJIT SINGH, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 1 8/10/2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 53 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)] AND PERTAINS TO A.Y. 20 08 - 09 . 2 . WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECL ARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SU GGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER TH E VIVAD SE VISHWAS SCHEME. ITA NO. 7340 /MUM/201 8 A.Y. 20 08 - 09 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5 . IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 18 /01/2021 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) A C C OU N T AN T M E M BER J UD I C I AL ME M B E R MUMBAI; DATED : 18 /01/2021 TIRUMALESH (SR.PS) C OP Y O F T HE O R DER F O R W A R D E D T O : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. D R , I T AT, M U M B AI 6. GUARD FILE. //T R U E CO PY // BY O RDER, (DY. / ASS TT . R E GISTR A R ) ITA T , MU M B A I