M. ABBAS & CO., MUMBAI V. ACIT 24(2), MUMBAI

ITA 1224/MUM/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0679 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-07-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 02-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN , AM & BEFORE SHRI RAVISH SOOD , J M / I .T.A. NO S. 1224 & 1225 /MUM/20 15 ( / ASSESSMENT YEAR: 2009 - 10 & 2010 - 11 ) M/S M. ABBAS & CO., 1/2, MAJID ALI MANSION, BHARDA WADI, ANDHERI (W), MUMBAI - 400058 / VS. A.C.I.T, 24 (2), MUMBAI PIN - ./ ./ PAN/GIR NO. AANFM4548C ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 04 / 02 /20 21 /DATE OF PRONOUNCEMENT: 15/02/ 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT TWO APPEALS HA VE BEEN FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 16.12.2014 PASSED BY LD. COMMISSIONER OF INCOME TAX ( APPEALS) - 36 , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. CIT (A ) ] RELEVANT TO A.Y S . 2009 - 10 & 2010 - 11 . 2 . DURING THE COURSE OF HEARING, THE LD. COUNSEL O F THE ASSESSEE SUBMITTED BEFORE US THAT S HE HAS FILED NECESSARY DECLARATION UNDER DIRECT TAX VIVAD S E VISHWAS ACT 2020 (AC T 3 OF 2020) AND ALSO CONFIRMED RECEIPT OF FORM - 1 & 2 , COPY OF WHICH ARE PLACED ON RECORD. ACCORDINGLY, SHE PRAYED FOR WITHDRAW AL OF T HE APPEAL. SH E ALSO PRAYED THAT IN THE EVENT OF THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME D UE TO UNFORESEEN REASONS , ITS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED . ASSESSEE BY : MS. DINKLE HARIA, AR REVENUE BY: SHRI T HARIAN OOMMEN, DR ITA NO S . 1224 & 1225 / MUM/20 1 5 M/S M. ABBAS & CO. 2 3. THE LD. DR DID NOT OBJECT TO COURSE SO SUGGESTED. 4. CONSIDERED THE RIVAL SUBMISSIONS AND MATERIAL PLACED ON RECORD. WE NOTICE D THAT ASSESSEE PRAYED FOR WITHDRAWAL OF ITS APPEAL . ACCORDINGLY, L IBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MAT URE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEE'S DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLA NEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HON'BLE MADRAS HIGH COURT]. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEAL S . 6. IN TH E RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 15/02/2021 SD / / SD/ ( RAVISH SOOD ) (S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBA I; DATED : 15/02/2021 DHANANJAY ( SR.PS ) /PRADEEP ITA NO S . 1224 & 1225 / MUM/20 1 5 M/S M. ABBAS & CO. 3 / 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// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI