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ITA 1453/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2686 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2015-2016
• Appeal Filed On: 11-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Condonation of delay
• Section: 40(a)(ia)

Judgement Text

ITA NO.1453/MUM/2019 ASSESSMENT YEAR: 2015-16 1 IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.1453/MUM/2019 ( / ASSESSMENT YEAR: 2015-16) A CIT - CIRCLE - 16(1) ROOM NO.439, 4 TH FLOOR AAYKAR BHAVAN, M.K. ROAD, MUMBAI-400 020 / VS. M/S. T V 18 HOME SHOPPING NETWORK LTD. 414, EMPIRE COMPLEX SENAPATI BAPAT MARG, LOWER PAREL MUMBAI-400 013. PAN/GIR NO. AACCT - 4674 - N ( '# /APPELLANT ) : ( $%'# / RESPONDENT ) ASSESSEE BY : SHRI JAYESH JAIN-LD. AR REVENUE BY : SHRI VIJAY KUMAR P. MENON-LD.DR / DATE OF HEARING : 24/11/2020 / DATE OF PRONOUNCEMENT : 24/11/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THIS APPEAL, THE REVENUE CONTEST THE A CTION OF LD. FIRST APPELLATE AUTHORITY IN DELETING CERTAIN DISALLOWANC E U/S 40(A)(IA) FOR RS.395.19 LACS. 2. THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE ( AR), AT THE OUTSET, SUBMITTED THAT THE ASSESSEE HAS ALREADY OPT ED FOR VIVAD SE VISHWAS SCHEME (VVS SCHEME) AND FILED REQUISITE DECLARATION IN FORM- 1 ON 05/11/2020. THE COPY OF THE SAME HAS BEEN PLAC ED ON RECORD. IN THE SAID BACKGROUND, LD. AR SUBMITTED THAT THE APPE AL MAY BE ITA NO.1453/MUM/2019 ASSESSMENT YEAR: 2015-16 2 DISMISSED IN TERMS OF DECISION OF HONBLE MADRAS HI GH COURT IN M/S NANNUSAMY MOHAN (HUF) V/S ACIT (TCA NO. 372 OF 2020 ) DATED 16/10/2020. THE LD. DR DID NOT OBJECT TO THE SAME BUT PLEADED F OR LIBERTY IN CASE THE DECLARATION IS NOT ACCEPTED FOR WHATSOE VER REASONS. 3. UPON DUE CONSIDERATION, GOING BY THE SAID DECISI ON, SINCE THE ASSESSEE HAS ALREADY OPTED FOR VVS SCHEME AND FILED REQUISITE DECLARATION THEREIN, THE APPEAL WOULD STAND DISMISS ED. HOWEVER, THE REVENUE IS GIVEN LIBERTY TO SEEK RESTORATION OF THI S APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION FI LED BY THE ASSESSEE U/S 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IS NOT IN FAVOR OF THE ASSESSEE. IF SUCH PRAYER IS MADE, THE REGISTRY SHAL L ENTERTAIN THE PRAYER FORTHWITH WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL A ND ON SUCH REQUEST BEING MADE BY THE REVENUE BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE BENCH FOR ORDERS. 4. IN VIEW OF THE FOREGOING, THE APPEAL STANDS DISM ISSED. ORDER PRONOUNCED ON 24 TH NOVEMBER, 2020. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 24/11/2020 SR.PS:-JAISY VARGHESE ITA NO.1453/MUM/2019 ASSESSMENT YEAR: 2015-16 3 !' #' / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT 2. $%'# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$- , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.