SHRI AISHVARYA SINHA, MUMBAI V. ITO-24(1)(1), MUMBAI

ITA 1559/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0663 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 15-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Assessee Lawyers: SHETAL SHAH
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 1559 /MUM. /201 9 ( ASSESSMENT YEAR : 20 13 14 ) SHRI AISHVARYA SINHA APT. 15, WING A, BANDSTAND CHS KANE ROAD, BANDRA WEST MUMBAI 400 050 PAN CPYPS2497L . APPELLANT V/S INCOME TAX OFFICER WARD 24(1)(1), MUMBAI . RESPONDENT ASSESSEE BY : MS. SHETAL SHAH REVENUE BY : S HRI SANJAY J. SETHI DATE OF HEARING 16 .1 2 .2020 DATE OF ORDER 16.12.2020 O R D E R TH E AFORESAID APPEAL HAS BEEN FILED BY T H E ASSESSEE CHALLENGING THE ORDER DATED 31 ST DECEMBER 2018, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 36 , MUMBAI, FOR THE ASSESSMENT YEAR 2013 14 . 2. THE LEARNED AUTHORISED REPRESENTATIVE HAS MAILED A LETT ER STATING THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE TAX DISPUTE ARISING IN THIS APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT , 2020. 2 SHRI AISHVARYA SINHA THE AFORESAID LETTER ALONG WITH THE COPIES OF THE DECLARATIONS FILED IN FORM I AND II ARE KEPT ON RECORD. 3. HEARD THE PARTIES AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE DISPUTE IN THE PRESENT APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, I AM INCLINED TO DISMISS THE APPEAL AS WITHDRAW N. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION TO BE FILED UNDER THE VIVAD SE VISHWAS ACT,2020 IS NOT ACCEPTED BY THE DEPARTMENT. IN OTHER WORDS, IN THE EVENT OF NON ACCEPTANCE OF ASSESSEES D ECLARATION BY THE REVENUE, THE ASSESSEE CAN FILE A MISCELLANEOUS APPLICATION SEEKING RECALL OF THIS ORDER AND RESTORATION OF THE APPEAL. THIS IS IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NA NNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. 4. IN THE RESULT, APPEAL IS DISMISSED WITH THE AFOREMENTIONED LIBERTY . ORDER PRONOUNCED IN THE OPEN COURT ON 16.12.2020 MUMBAI, DATED: 16.12.2020 SD/ - SAKTIJIT DEY JUDICIAL MEMBER 3 SHRI AISHVARYA SINHA COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI