DEEPAK ENTERPRIES, Mumbai V. ITO 27(1)(4), Mumbai

ITA 2006/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8186 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 04-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) AN D SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 2006/MUM/2019 ASSESSMENT YEAR: 2009-10 & ITA NO. 2005/MUM/2019 ASSESSMENT YEAR: 2010-11 & ITA NO. 2004/MUM/2019 ASSESSMENT YEAR: 2011-12 DEEPAK ENTERPRISES, NEAR JAI BHARAT WOODEN WORK, JANI COMPOUND, GHATLA VILLAGE, CHEMBUR, MUMBAI-400071. VS. INCOME TAX OFFICER-27(1)(4), VASHI, NAVI MUMBAI. PAN NO. AADFD 8045 K APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA, DR DATE OF HEARING : 13/01/2021 DATE OF PRONOUNCEMENT : 13/01/2021 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2 4, MUMBAI [IN SHORT ITA NO. 2006, 2005 & 2004/M/2019 DEEPAK ENTERPRISES 2 CIT(A)] AND ARISE OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 147 THE INCOME TAX ACT 1961, (THE ACT). 2. THE APPELLANT HAS FILED A LETTER DATED 10.10.202 0 STATING THAT THEY HAVE ALREADY FILED APPLICATION UNDER THE DIRECT TAX VIVA D SE VISHWAS ACT, 2020 FOR THE CAPTIONED ASSESSMENT YEARS. IN THIS REGARD, THE APPELLANT ENCLOSED ALONG WITH THE ABOVE LETTER COPIES OF FORM-1 (APPLI CATION) AND FORM-2 (DECLARATION) FILED UNDER THE ABOVE ACT. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE (DR) THE ABOVE SUBMISSIONS OF THE APPELLANT. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE APPLICATION OF THE APPELLANT UNDER THE ABOVE ACT AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THESE APPEA LS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE APPELLANT TO SEE K THE RESTORATION OF THESE APPEALS IN THE EVENT THE DECLARATION FILED UNDER TH E AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MA DE CLEAR, IN SUCH EVENTUALITY, IF THE APPELLANT SEEKS RESTORATION OF THESE APPEALS BY FILING ITA NO. 2006, 2005 & 2004/M/2019 DEEPAK ENTERPRISES 3 MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD B E CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATI ON OF DELAY. 4. IN THE RESULT, THE APPEALS ARE DISMISSED AS WITH DRAWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 13/01/2021. SD/- SD/- ( PAVAN KUMAR GADALE ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 13/01/2021 RAHUL SHARMA, SR. P.S. 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// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI