KINNARI RAKESH PUJARA, MUMBAI V. ITO 33(2)(2), MUMBAI

ITA 7477/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5563 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 28-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , H BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 7477 /MUM/ 20 18 ( ASSESSMENT YEAR : 201 0 - 11 ) KINNARI RAKESH PUJARA R - 802, PANCHSHEEL GARDEN MAHAVIR NAGAR, KANDIWALI (W) MUMBAI - 400 067 VS. INCOME TAX OFFICER 33(2)(2), C - 12, 6 TH FLOOR PRATYAKSHAKAR BHAVAN BANDRA KURLA COMPLEX BANDRA EAST, MUMBAI 400 051 PAN/GIR NO. AGBPP3114F (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI GURBI NDER SINGH DATE OF HEARING 02 / 02 /202 1 DATE OF PRONOUNCEMENT 02 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 7477/MUM/2018 FOR A.Y. 2010 - 11 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEAL S) - 45, MUMBAI IN APPEAL NO. CIT(A) - 45/ITO - 33(2)(2)/ITA - 145/2017 - 18 DATED 26/07/2017 (LD. CIT(A) IN SHORT) IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) . ITA NO . 7477/MUM/2018 KINNARI RAKESH PUJARA 2 2. ASSESSEE VIDE ITS AUTHORISED RE PRESENTATIVES LETTER DATED 23/12/2020, PRAYED FOR WITHDRAW AL OF APPEAL IN 7477/MUM/2018 . FOR THE SAKE OF CONVENIENCE, WE ARE REPRODUCING THE CONTENTS OF THE SAID APPLICATION AS UNDER: - THE HEARING IN RESPECT OF THE ABOVE REFERRED APPEAL IS SCHEDULED ON 2 8.12.2020. VIDE ACKNOWLEDGEMET NO. 873484911231220 DATED 23 RD DECEMBER, 2020, I HAVE PREFERRED TO SETTLE THE SAID DISPUTE UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME, 2020 INITIATED BY THE CENTRAL GOVERNMENT {COPY OF THE SAID ONLINE FORM FILED WITH THE C ONCERN AUTHORITY IS ENCLOSED HEREWITH). UNDER THE CIRCUMSTANCES, I REQUEST YOU TO KINDLY ADJOURN THE HEARING TILL ISSUANCE OF FORM 3 BY THE INCOME TAX DEPARTMENT. ONCE I RECEIVED FORM 3, I WILL WITHDRAW THE SAID APPEAL FILED BEFORE THE ITAT, MUMBAI. LOOKI NG TO THE CURRENT SITUATION, I AM SENDING THIS LETTER THROUGH REGISTERED POST, A.D. 3. LD. DR HAS NOT RAISED ANY OBJECTION. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RECORDS, ESPECIALLY THE APPLICATION FOR WITHDRAWAL OF THE APPEAL. WE FIND THAT AS SESSEE HAD PREFERRED APPLICATION UNDER VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE ITS TAX DISPUTE FOR THE IMPUGNED ASSESSMENT YEAR. HENCE, THERE IS NO POINT IN KEEPING THIS APPEAL PENDING IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE O F NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020 . ACCORDINGLY, WE TREAT THIS APPEAL OF THE ASSESSEE AS WITHDRAWN GIVING LIBERTY TO THE ASSESSEE THAT IN CASE IF THE DECLARATION FILED BY IT UNDER VIVAD SE VISWAS SCHEME - 2020 DOES N OT ATTAIN LOGICAL CONCLUSION FOR ANY REASON WHATSOEVER, THEN THIS APPEAL SHALL GET RESTORED TO ITS ORIGINAL FORM BASED ON THE APPLICATION PREFERRED BY THE ASSESSEE IN THIS REGARD. WITH AFORESAID OBSERVATIONS, THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WIT HDRAWN. ITA NO . 7477/MUM/2018 KINNARI RAKESH PUJARA 3 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN . ORDER PRONOUNCED IN THE OPEN COURT ON 02 / 02 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBE R MUMBAI ; DATED 02 / 02 / 2021 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//