ASHOK G BAFNA (HUF), MUMBAI V. ITO WARD 19 (1)(2), MUMBAI

ITA 1701/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8521 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 22-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PARAG R SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 1701 / / 2019 (%. .2014-15 ) ITA NO. 1701/MUM/2019 (A.Y.2014-15) ASHOK G. BAFNA (HUF), KINJAL HEIGHTS, FLAT NO.1701/1702, 17 TH FLOOR, WADIA STREET, TARDEO ,MUMBAI 400 034 PAN:AACHA2260C / VS. : / APPELLANT ITO , WARD 19(1)(2) MATRU MANDIR, TARDEO, MUMBAI 400 007 : / RESPONDENT ASSESSEE BY : SHRI PARAG R. SHAH REVENUE BY : SHRI SUSHIL KUMAR MISHRA / DATE OF HEARING : 31/12/2020 / DATE OF PRONOUNCEMENT : 05/01/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-3, MUMBAI ( IN SHORT THE CIT( A)) DATED 26/12/2018 FOR THE ASSESSMENT YEAR 2014-15. 2. THE ASSESSEE HAS FILED A LETTER DATED 31/12/2 020 INTIMATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AN D HAS MADE APPLICATION IN THE PRESCRIBED FORM NO. 1 & 2 ON 24/ 12/2020 . SHRI PARAG R. SHAH APPEARING ON BEHALF OF ASSESSEE MADE STATEMENT DURI NG THE PROCEEDINGS THAT THE 2 ITA NO. 1701/MUM/2019 (A.Y.2014-15) ASSESSEE MAY BE ALLOWED TO WITHDRAW APPEAL WITH LIB ERTY TO REVIVE IN CASE THE APPLICATION MADE UNDER VSVS IS NOT ACCEPTED. 3. SHRI SUSHIL KUMAR MISHRA REPRESENTING THE DEPA RTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. HEARD. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTED FOR VSVS, AND AS PER STATEMENT OF LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL IN THE EVENT APPLICATION 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 THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPL ICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNIC ATION 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 HONBLE MADRAS HIGH COURT] 6. THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDR AWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 05/01/2021 VM , SR. PS(O/S) 3 ITA NO. 1701/MUM/2019 (A.Y.2014-15) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI