MR SHEKHAR PHANI SUMAN , MUMBAI V. ITO 16(1)(4), MUMBAI

ITA 864/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1525 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 03-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , G BENCH MUMBAI BEFORE SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM ITA NO. 864 / MUM/ 2020 ( ASSESSMENT YEAR : 2015 - 16 ) SHRI SHEKHA R PHANI SUMAN 19 TH FLOOR, C - WING OBEROI SKY GARDEN LOKHANDWALA COMPLEX ANDHERI WEST MUMBAI 400053 VS. INCOME TAX OFFICER 16(1)(4), AAYAKAR BHAVAN M.K.ROAD, MUMBAI 400 020 PAN/GIR NO. ACKPS8046A (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVEN UE BY SHRI SUSHIL KUMAR MISHRA DATE OF HEARING 12/0 2 /2021 DATE OF PRONOUNCEMENT 12 / 02 / 202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN 864/MUM/2020 FOR A.Y. 2015 - 16 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX ( APPEALS) - 4, MUMBAI IN APPEAL NO. CIT(A) - 4/IT - 167/ITO - 16(1)(4)/2017 - 18 DATED 29/11/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 28/12/2017 BY THE LD. INCOME T AX OFFICER 16(1)(4) (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 864/MUM/2020 SHRI SHEKHAR PHANI SUMAN 2 2. WE FIND THAT THE LD. AR FILED A LETTER DATED 03/02/2021 MENTIONING THAT ASSESSEE HAD PREFERRED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME 2020 TO SETTLE THIS TAX DISPUTE FOR THE YEAR UNDER CONSIDERATION AND HAD OBTAINED FORM - 3 FROM THE DESIGNATED AUTHORITY THEREON, COPY OF WHICH WAS ENCLOSED ALONGWITH THIS LETTER. 3. IN VIEW OF T HIS, WE HEREBY TREAT THE APPEAL PENDING BEFORE US AS DISMISSED AND WITHDRAWN WITH A LIBERTY GIVEN TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT ASSESSEES DECLARATION MADE UNDER VIVAD SE VISWAS SCHEME 2020 IS DECLARED BAD IN LAW IN FUTURE FOR ANY REASON WHATSOEVER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 / 02 /202 1. SD/ - ( VIKAS AWASTHY ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 12 / 02 / 2021 KARUNA , SR.PS ITA NO . 864/MUM/2020 SHRI SHEKHAR PHANI SUMAN 3 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//