SHRI. BHUPENDRA KUMAR ARORA (HUF), MUMBAI V. ACIT CIRCLE 31(1), MUMBAI

ITA 1761/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2048 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 26-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA JOSHI
• Assessee Lawyers: PRAKASH R MONI LETTER DATED
• Keywords: Question of law; Competent authority; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 1761 /MUM/ 20 19 ( ASSESSMENT YEAR : 2014 - 15 ) SHRI BHUPENDRA KUMAR ARORA (HUF) G - 3, MANHAR, NATWAR NA GAR ROAD NO.1, JOGESHWARI (E) MUMBAI - 400 060 VS. ACIT, CIRCLE - 31(1) C - 13, ROOM NO.110 1 ST FLOOR, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 PAN/GIR NO. AACHB0471L (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI PRAKASH R. MONI (LETTER DATED 27/11/2020) REVENUE BY SHRI RAJENDRA JOSHI DATE OF HEARING 03 / 12 /2020 DATE OF PRONOUNCEMENT 03 / 12 /2020 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 1761/MUM/2019 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 42, MUMBAI IN APPEAL NO. CIT(A) - 42, MUMBAI/10252/2016 - 17 (CIT(A) - 42/IT - 370/16 - 17) DATED 02/01/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HER EINAFTER REFERRED TO AS ACT) DATED 30/12/2016 BY THE LD. ASST. COMMISSIONER OF INCOME TAX - 31(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 1761/MUM/2019 SHRI BHUPENDRA KUMAR ARORA (HUF) 2 2. WE FIND THE ASSESSEE HAS RAISED SEVERAL GROUNDS OF APPEAL BEFORE US ON VARIOUS ISSUES. WE FIND THAT ASSESSEE HA S SOUGHT AN ADJOURNMENT VIDE LETTER DATED 27/11/2020 OF HIS AUTHORISED REPRESENTATIVE WHEREIN IT HAS BEEN MENTIONED THAT ASSESSEE HAD PREFERRED TO OPT FOR DIRECT TAX VIVAD SE VISHWAS SCHEME - 2020 AND ASSESSEE HAS ALREADY FILED FORM NO.1 AND FORM NO.2 BEFO RE THE INCOME TAX DEPARTMENT VIDE RECEIPT NO.754644311271120 ON 27/11/2020. THE COPY OF THE SCREENSHOT EVIDENCING THE SAID FILING WAS ALSO PLACED ON RECORD ALONGWITH SAID LETTER DATED 27/11/2020 BEFORE US. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED TH E MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE HAD ALREADY FILED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , THERE IS NO NEED TO KEEP THE APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME), HAD DISMISSED THE APPEAL BY OB S ERVING IN PARA 7 TO 9 AS UNDER: - 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE AS SESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION F OR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/ ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICA TION/ DECLARATION IN ACCORDANCE ITA NO . 1761/MUM/2019 SHRI BHUPENDRA KUMAR ARORA (HUF) 3 WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE APPE AL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 4. IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DECLARATION FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSO EVER, THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5. IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS TH IS APPEAL WITH A LIBERTY TO GET IT RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03 / 12 /2020 SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 03 / 12/ 2020 KARUNA , SR.PS ITA NO . 1761/MUM/2019 SHRI BHUPENDRA KUMAR ARORA (HUF) 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT( A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//