RISHABH ASSOCIATES, MUMBAI V. ACIT 16 (3), MUMBAI

ITA 7350/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3638 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 02-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDAR SINGH
• Assessee Lawyers: PIYUSH JASANI
• Section: 143(3); 250; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 7350/MUM/2019 (A.Y: 2009-10) RISHABH ASSOCIATES 6 SURYAKIRAN GEORGE NAGAR, NEAR JAIN TEMPLE, ANDHERI EAST, MUMBAI 400054. VS. ACIT 16(3) MATRU MANDIR, NANA CHOWK, OPP BHATIA HOSPITAL, GRANT ROAD (W), MUMBAI 400007. PAN/GIR NO. : AAIFR9424K APPELLANT .. RESPONDENT APPELLANT BY : SHRI PIYUSH JASANI, AR RESPONDENT BY : SHRI GURBINDAR SINGH, DR DATE OF HEARING 1 2 .0 5 .2021 DATE OF PRONOUNCEMENT 18 .0 5 .2021 / O R D E R PER PAVAN KUMAR GADALE, JM: THE APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -30 MUM BAI, 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 MENTIONED THAT THE ASSESSEE INTEND TO SETTLE THE T AX LITIGATION BY OPTING FOR VIVAD SE VISHWAS SCHEME 2 020 (VSVS2020) AND FILED AN APPLICATION IN FORM NO. 1 & 2 ITA NO. 7350/MUM/2019 RISHABH ASSOCIATES, MUMBAI - 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 FO R VIVAAD SE VISHWAS SCHEME 2020 AND RECEIVED FORM-3 FROM THE INCOME TAX DEPARTMENT AS ENVISAGED BY THE LD.AR. WE ARE OF THE VIEW THAT, NO PURPOSE WILL BE SERVED IN KEEPING THE APPEAL PENDING. ACCORDINGLY, WE DISM ISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN AND THE ASS ESSEE IS GIVEN LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE ACT TO RECALL THE PRESENT ORDER AS PER PROVISIONS O F LAW. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.05.2021 SD/- SD/- ( S RIFAUR RAHMAN ) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 18.05.2021 KRK, PS ITA NO. 7350/MUM/2019 RISHABH ASSOCIATES, MUMBAI - 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. () * + / GUARD FILE. / BY ORDER, ! //TRUE COPY// 1. ( ASST. REGISTRAR) ITAT, MUMBA I