SHRI NITIN ASHOK KUMAR SARAF, MUMBAI V. INCOME TAX OFFICER 20(3)(5), MUMBAI

ITA 190/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2610 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 15-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMEN THARIAN
• Keywords: Question of law; Condonation of delay
• Section: 20

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI , JM ITA NO. 190 /MUM/ 20 19 ( ASSESSMENT YEAR : 2015 - 16 ) SHRI NITIN ASHOK KUMAR SARAF 170, ASHOK DERASAR LANE GHAT KOPAR (E) MUMBAI 400 077 VS. ITO - 20(3)(5) ROOM NO.581A AAYAKAR BHAVAN MUMBAI 400 020 PAN/GIR NO. AAEPS7952H (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI VIMAL PUNMIYA REVENUE BY SHRI OOMEN THARIAN DATE OF HEARING 26 / 11 /2020 DATE OF PRO NOUNCEMENT 26 / 11 /2020 / O R D E R PER M.BALAGANESH (AM) : THIS APPEAL IN ITA NO. 190 /MUM/2019 FOR A.Y. 2015 - 16 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 6 , MUMBAI IN APPEAL NO. CIT(A) - 6/IT - 50/2017 - 18 DATED 28/1 1/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 27/12/2017 BY THE LD. INCOME TAX OFFICER, 2( 3 )( 2 ), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). ITA NO . 190/MUM /2019 SHRI NITIN ASHOK KUMAR SARAF 2 2 . AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SHRI VIMAL PUNMIYA SUBMITTED THAT ASSESSEE HAD ALREADY FILED A DECLARATION UNDER VIVAD SE VISHWAS SCHEME TO SETTLE THE DISPUTES ARISING OUT OF THESE APPEALS. THIS IS CONSIDERED AS A STATEMENT MADE FROM THE BAR. 3 . WE HAVE HE ARD RIVAL SUBMISSIONS AND PERUSED THE 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 T HIS 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 SC HEME), HAD DISMISSED THE APPEAL BY OBS 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 TH E SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. 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 FOR 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 COMPETEN T AUTHORITY SHALL PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE 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. ITA NO . 190/MUM /2019 SHRI NITIN ASHOK KUMAR SARAF 3 9. WIT H THIS DECLARATION, THE TAX CASE APPEAL 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 L IBERTY 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 B Y THE REVENUE FOR ANY REASON WHATSOEVER, 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 O F THE AFORESAID OBSERVATIONS, WE DISMISS TH E APPEAL WITH A LIBERTY TO GET IT RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED ON 2 6 / 11 /202 0 IN THE OPEN COURT . SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 2 6 / 11 / 2020 KARUNA , SR.PS ITA NO . 190/MUM /2019 SHRI NITIN ASHOK KUMAR SARAF 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGI STRAR) ITAT, MUMBAI 1. THE APPELLA NT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//