Income Tax Appellate Tribunal - Mumbai
Ito 25(2)(2), Mumbai vs Bhagwan Devi Sukhdev Ruia, Mumbai on 14 October, 2020
IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT), "B" BENCH, MUMBAI BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER ITA No. 3111/Mum/2017 (Assessment Year :2010-11) ITO-25(2)(2) Vs. Bhagwan Devi Sukhdev Ruia Room No.507, C-10 101, Landmark JVPD Pratyakshakar Bhawan, BKC, Scheme No.5 Mumbai-400 051 Vile Parle (W) Mumbai-400 056 PAN/GIR No.AADPR7796P (Appellant) .. (Respondent) Assessee by Shri Mihir Tanna, AR Revenue by Smt. Kavita P. Kaushik, Sr.DR Date of Hearing 14/10/2020 Date of Pronouncement 14/10/2020 आदेश / O R D E R PER S.S.GODARA (J.M):
This Revenue's appeal for A.Y.2010-11 arises from Mumbai's order of Commissioner of Income Tax (Appeals)-37, in case No.CIT(A)-37/IT-206/ITO 25(2)(2)/2015-16 dated 27/02/2017, in proceedings u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 [hereinafter referred to as Act].
2. Heard both the parties. Learned authorised representative states very fairly at the outset that this assessee has filed a petition for availing settlement benefit under the "Vivad se Vishwas Scheme 2020". His case therefore is that the instant appeal we kept in abeyance. We are of the opinion in this factual backdrop that the instant Revenue's appeal deserves to be dismissed as 2 ITA No.3111/Mum/2017 M/s. Bhagwandevi Sukhdev Ruia infructuous once the assessee has opted for the above stated settlement benefit. We order accordingly. We make it clear that the instant appeal shall stand revived at the Revenue's behest in case the assessee fails to avail the settlement benefit under the aforesaid scheme within the prescribed time period there under.
3. This Revenue's appeal is dismissed as rendered infructuous in above terms.
Order pronounced in the open court on this 14/10 /2020 Sd/- Sd/-
(M.BALAGANESH) (S.S.GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai; Dated 14/10/2020
Thirumalesh, sr.ps
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT DR, ITAT, Mumbai
5.
6. Guard file.
//True Copy// BY ORDER, (Asstt. Registrar) ITAT, Mumbai