SHRI AKSHAYPAT AJAYPAT SINGANIA, Mumbai V. I.T.O. - 2(3)(1), Mumbai

ITA 7391/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7526 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 27-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Assessee Lawyers: AASHITA JAIN
• Section: 143(3)

Judgement Text

ITA NO. 7391/MUM/2017 A.Y. 2013 - 14 SHRI AKSHAYPAT AJAYPAT SINGHANIA VS. ITO, WARD - 2(3)(1) 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 7391/MUM/2017 (ASSESSMENT YEAR: 2013 - 14 ) SHRI AKSHAYPAT AJAYPAT SINGHANIA, 3, NEW HIND HOUSE, N.M. MARG, BALLARD ESTATE, MUMBAI - 400001 VS. ITO, WARD - 2(3)(1), ROOM NO. 581A, AAYAKAR BHAVAN, MUMBAI - 20 PAN NO. AAFPS1518Q (ASSESSEE) (REVENUE) ASSESSEE BY : MS. AASHITA JAIN , A.R REVENUE BY : SHRI BRAJENDRA KUMAR , D.R DATE OF HEARING : 21 /01/2021 DATE OF PRONOUNCEMENT : 21 /01/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 6 , MUMBAI DATED 04.10.2017 , WHICH IN TURN ARISES FROM THE ASSESSMENT ORDER PASSED U/S 143(3) OF THE INCOME - TAX AC T, 1961 FOR ASSESSMENT YEAR 2013 - 14 . 2. WHEN THIS APPEAL WAS CALLED FOR HEARING, THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) F OR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD FILED AN APPLICATION IN FORM 1 AND FORM 2 UNDER THE VIVAD SE VISHWAS ACT, 2020 (3 OF 2020) AND HIS APPLICATION HAS BEEN ACCEPTED BY THE DEPARTMENT AND FORM 3 HAS BEEN ISSUED . IT WAS HOWEVER SUBMITTED B Y THE LD. A.R THAT THE ASSESSEE WAS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME . IT WAS SUBMITTED BY THE LD. A.R THAT UPON COMPLETION OF THE NECESSARY FORMALITIES THE APPEAL SHALL BE WITHDRAWN. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, IT WAS FAIRLY ACCEPTED BY HER THAT SHE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS THE RIGHT OF THE ASSESSEE FOR REVIVAL OF THE APPEAL ARE PROTECTED , IN THE EVENT IF FOR ANY UNFORESEEN REASON THE MATTER IS NOT SETTLED UNDE R THE SAID SCHEME. 3. THE LD. D.R DID NOT OBJECT TO THE COURSE SO SUGGESTED. ITA NO. 7391/MUM/2017 A.Y. 2013 - 14 SHRI AKSHAYPAT AJAYPAT SINGHANIA VS. ITO, WARD - 2(3)(1) 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSEE SHALL HAVE THE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5 . IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 21 /01/20 21. SD/ - SD/ - ( S. RIFAUR RAHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 21 .01.2021 PS: ROHIT 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI