SHRI. RAJESH CHHAGANLAL PUNAMIYA, MUMBAI V. ITO-18(3)(1), MUMBAI

ITA 1805/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0314 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 28-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUSHIL MISHRA

Judgement Text

SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE S H RI VIKAS AWASTHY, JUDICIAL MEMBER ./ ITA NO. 1805 / MUM/ 2019 ( / ASSESSMENT YEAR S 2015 - 16 ) SHRI RAJESH CHHAGANLAL PUNAMIYA SHOP NO.2, GROUND FLOOR, 102, VITHALWADI, KALBADEVI ROAD, MUMBAI - 400 002 / VS. THE INCOME TAX OFFICER, WARD - 18(3)(1) MUMBAI - 400 002 ( / APPELLANT) ( / RESPONDENT) . / PAN N O. AAEPP 6183 H / APPELLANT BY : NONE (OPTED FOR VSVS) / RESPONDENT BY : SHRI SUSHIL MISHRA, DR / DATE OF HEARING : 29.12.2020 / DATE OF PRONOUNCEMENT : 29.12.2020 / O R D E R TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 29 , MUMBAI [IN SHORT THE CIT(A)] DATED 27.02.2019 FOR THE ASSESSMENT YEAR 2015 - 16 . 2. THE ASSESSEE HAS FILED LETTER DATED 22.12.2020 STATING THAT THE ASSESSEE HA S OPTED FOR VIWAD SE VISHWAS SCHEME, 2020 (IN SHORT VSVS) AND HAS ALREADY FILED APPLICATION UNDER THE SAID SCHEME. PAGE | 2 ITA NO. 1805 /MUM/2019 SHRI RAJESH CHHAGANLAL PUNAMIYA; AY 15 - 16 3. SHRI SUSHIL MISHRA , REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTED FOR VSVS AND HAS FILED APPLICATION UNDER THE SCHEME, THE APPEAL OF THE ASSESSEE IS DISMISSED 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. IT 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 APPLICATION 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 2020 DECIDED ON 16/10/2020 BY HONBL E MADRAS HIGH COURT]. 6. THE APPEAL OF THE ASSESSEE IS DISMISSED WITH THE LIBERTY AFORESAID . ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY , THE 29 TH OF DECEMBER , 2020. SD/ - ( / VIKAS AWASTHY ) ( / JUDICIAL MEMBER) , / MUMBAI, DATED: 29 . 1 2.2020 , . / SUDIP SARKAR, SR.PS PAGE | 3 ITA NO. 1805 /MUM/2019 SHRI RAJESH CHHAGANLAL PUNAMIYA; AY 15 - 16 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI