Income Tax Appellate Tribunal - Mumbai
Bholoram Malviya , Mumbai vs Income Tax Officer W-16(1) (1) , Mumbai on 24 March, 2021
ITA No.5964/Mum/2019 A.Y. 2012-13 1
Bholaram Malviya Vs. ITO, Ward 16(1)(1)
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "B" MUMBAI
BEFORE SHRI M. BALAGANESH (ACCOUNTANT MEMBER) AND
SHRI RAVISH SOOD (JUDICIAL MEMBER)
ITA No. 5964/MUM/2019
(Assessment Year: 2012-13)
Bholaram Malviya ITO, Ward 16(1)(1)
605, Embassy, Shastri Nagar, Vs. Room No. 436A, 4th Floor,
Road No. 1, Lokhandwala, Aayakar Bhavan, M.K. Road,
Andheri (W), Mumbai - 400 020
Mumbai 400053
PAN No. AAMPM7312D
(Assessee) (Revenue)
Assessee by : Ms. Tejal Saraf, A.R
Revenue by : Shri Tharian Oommen, Sr. D.R
Date of Hearing : 24/03/2021
Date of pronouncement : 24/03/2021
ORDER
PER RAVISH SOOD, J.M:
The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 4, Mumbai, dated 26.08.2019, which in turn arises from the penalty order passed by the A.O u/s 271(1)(c) of the Income Tax Act, 1961 (for short 'Act'), dated 30.03.2017 for assessment year 2012-13.
2. The assessee's counsel vide a letter e-filed on 23rd March, 2021 had stated that the assessee had filed an application in Form No. 1 & 2 under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. It is further stated that the assessee had received a certificate in 'Form No. 3' from the designated authority under sub-section (1) of Sec.5 of the Direct Tax Vivad se Vishwas Act, 2020. Accordingly, it is requested that the assessee may be permitted to withdraw the captioned appeal.
3. The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.
ITA No.5964/Mum/2019 A.Y. 2012-13 2Bholaram Malviya Vs. ITO, Ward 16(1)(1)
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 In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.
5. Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove.
Order pronounced in the open court on 24/03/2021.
Sd/- Sd/-
(M. Balaganesh) (Ravish Sood)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai;
Dated: 24.03.2021
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