CHHAGANLAL D SOLANKI, MUMBAI v. INCOME TAX OFFICER 19(1)(3), MUMBAI

ITA 5139/MUM/2019 | 2009-2010
Pronouncement Date: 11-03-2021 | Result: Dismissed

Appeal Details

RSA Number 513919914 RSA 2019
Assessee PAN ANLPS8277P
Bench Mumbai
Appeal Number ITA 5139/MUM/2019
Duration Of Justice 1 year(s) 7 month(s) 4 day(s)
Appellant CHHAGANLAL D SOLANKI, MUMBAI
Respondent INCOME TAX OFFICER 19(1)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 11-03-2021
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 11-03-2021
Last Hearing Date 25-02-2021
First Hearing Date 25-02-2021
Assessment Year 2009-2010
Appeal Filed On 06-08-2019
Judgment Text
1 I.T.A. NO. 5139 /MUM/2019 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) I.T.A. NO.5139/MUM/2019 (ASSESSMENT YEAR 2009 - 10) CHHAGANLAL D SOLANKI 99/3 DR. MAHI 3 RD KUMBHARWADA MUMBI - 400 004 PAN : A NLPS8277P VS ITO 9(1)(3) MUMBAI APPELLANT RESPONDENT APPELLANT BY LETTER DATED 16 - 02 - 2021 RESPONDENT BY SHRI SANJAY SETHI DR DATE OF HEARING 25 - 02 - 2021 DATE OF PRONOUNCEMENT 1 1 - 0 3 - 2021 O R D E R PER SAKTIJIT DEY (JM) THIS IS AN APPEAL BY THE ASSESSEE AGAINST ORDER DATED 07 - 0 6 - 2019 OF LEARNED COMMISSIONER OF INCOME - TAX (APPEALS) - 30 MUMBAI CONFIRMING THE PENALTY IMPOSED U NDER SECTION 271(1)(C) OF THE INCOME - TAX ACT 1961 AMOUNTING TO RS.4 08 037/ - FOR THE ASSESSMENT YEA R 20 09 - 1 0 . 2. WHEN THE APPEAL WAS CALLED UP FOR HEARING NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWEVER ASSESSEE HAS FILED LETTER DATED 1 6 - 0 2 - 202 1STATING THAT HE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THIS APPEAL UNDER THE DIRECT TAX 2 I.T.A. NO. 5139 /MUM/2019 VIVAD SE VISHWAS ACT 2020. COPIES OF THE DECLARATIONS IN FORMS 1 AND 2 HAVE BEEN ATTACHED TO THE LETTER. THEREFORE THE ASSESSEE HAS EXPRESSED HIS INTENTION TO WITHDRAW THE APPEAL . THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION TO THE AFORESAID REQUES T OF THE ASSESSEE. 3. HAVING PERUSED THE MATERIALS ON RECORD AND CONSIDERING THE REQUEST OF THE ASSESSEE WE PERMIT HIM TO WITHDRAW THE PRESENT APPEAL. ACCORDINGLY AP PEAL IS DISMISSED AS WITHDRAWN. HOWEVER IF FOR ANY UNFORESEEN REASON S ASSESSEES DECLA R A TION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 IS NOT ACCEPTED BY THE DEPARTMENT LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THE APPEAL. 3. IN THE RESULT APPEAL IS DISMISSED. ORDER PRONOUNCED ON 1 1 /0 3 /2021. (N.K.PRADHAN) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DT : 1 1 /0 3 /2021 PAVANAN COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR ITAT MUMBAI 6. GUARD FILE BY ORDER ASSTT. REGISTRAR ITAT MUMBAI