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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC-III”, MUMBAI
Before: SHRI RAJESH KUMAR & SHRI PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC-III”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA No.1823/M/2018 Assessment Year: 2004-05 Shri Hitesh Dhanji, JCIT-29(1), E/31, Konark Pratyakshakar Bhavan, Indraprastha, BKC, Bandra (E), 11th Floor, Mumbai Vs. Sarvodaya Nagar, Jain Mandir Road, Mulund (W), Mumbai - 400 080 PAN: AAEPS3720P (Appellant) (Respondent) Present for: Assessee by : Shri Mukul Vora, A.R. Revenue by : Smt. Smita Verma, D.R. Date of Hearing : 28.01.2021 Date of Pronouncement : 02.02.2021 O R D E R Per Rajesh Kumar, Accountant Member: The present appeal has been preferred by the assessee against the order dated 28.12.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2004-05.
At the outset, the Ld. Counsel of the assessee submitted that the assessee has gone into for Vivad Se Vishvas Scheme under the Direct Tax Vivad Se Viswas Scheme 2020, therefore, the case may kindly be kept in abeyance till it is withdrawn.
Since the assessee has gone into for Vivad Se Viswas Scheme 2020, the application by the assessee is rejected.
2 ITA No.1823/M/2018 Shri Hitesh Dhanji Besides, we are inclined to dismiss the appeal of the assessee in view of the decision of the Hon’ble Madras High Court Nannusamy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to assessee to get this appeal recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeal of the assessee is dismissed.
Order pronounced in the open court on 02.02.2021.
Sd/- Sd/- (Pavan Kumar Gadale) (Rajesh Kumar) JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated: 02.02.2021. * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The CIT (A) Concerned, Mumbai The DR Concerned Bench //True Copy// [ By Order
Dy/Asstt. Registrar, ITAT, Mumbai.