B. C. HOUSE & GARDEN CONDOMINIUM, MUMBAI V. ITO-17(1)(3), MUMBAI

ITA 1495/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2994 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 12-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 20

Judgement Text

, , ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 1495 / / 2019 (%. 2016-17 ) ITA NO.1495/MUM/2019(A.Y 2016-17) B.C.HOUSE GARDEN CONDOMINIUM, 17H FLOOR, CORINTHIAN BUILDING, OFF ARTHUR BUNDER ROAD, COLABA, MUMBAI 400 005. PAN-AAAAB6032A ...... ' / APPELLANT % VS. ITO -17(1)(3), 1 ST FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ..... ()/ RESPONDENT '*/ APPELLANT BY : NONE ()*/ RESPONDENT BY : SHRI SANJAY J. SETHI %+) / DATE OF HEARING : 16/06/2021 ,-. +) / DATE OF PRONOUNCEMENT : 16/06/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -55, MUMBAI [IN SHORT THE CIT (A)] DATED 20/12/2018 FOR THE ASSESSMENT YEAR 2016-17. 2. A LETTER DATED 07/12/2020 RECEIVED FROM THE CHARTERED ACCOUNTANTS OF THE ASSESSEE IS AVAILABLE IN RECORDS, STATING THAT THE ASSESSEE HAS OPTED FOR 'VIWAD SE VISHWAS SCHEME, 2020'( IN SHORT 'VSVS') AND HAS AL READY FILED DECLARATION ON 25/11/2020. 2 ITA NO.1495/MUM/2019(A.Y 2016-17) 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL TH E BENEFIT OF VSVS'. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSESS EE HAS OPTED FOR AVAILING THE BENEFIT OF VSVS, FORM NO.1 & FORM NO.2 HAS BEEN F ILED AND IS AWAITING FORM NO.3 FROM THE DESIGNATED AUTHORITY. IN VIEW OF ABOVE, TH E APPEAL BY ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE A PPEAL IN THE EVENT DECLARATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE/APPELLANT SEEKS TO RESTORE THE APPEAL IN T HE EVENT ASSESSEES DECLARATION UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICAT ION 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 20 20 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT]. 6. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED AT THIS STAGE WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY, THE 16 TH DAY OF JUNE, 2021 SD/ (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 0%/ DATED 16/06/2021 VM , SR. PS (O/S) 3 ITA NO.1495/MUM/2019(A.Y 2016-17) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2 . () / THE RESPONDENT. 3. 1) ( )/ THE CIT(A)- 4. 1) CIT 5. 23()% , . . . , / DR, ITAT, MUMBAI 6. 34567 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI