AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA PVT.LTD., MUMBAI V. DCIT,CIRCLE-12(1)(1), MUMBAI

ITA 2058/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8808 (ITAT-MUMBAI)
• Duration Of Justice: 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 30-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Keywords: Condonation of delay
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 2058/MUM/2020 ASSESSMENT YEAR: 2013-14 AL GHURAIR CONSTRUCTION FOUNDATIONS INDIA PVT. LTD., GALA NO. 2, RAJDEO COMPOUND, NEAR GOKHULDHAM MARKET, OPP. HEENA GAURAV JEWELS BUILDING, MALAD E, MUMBAI-400097. VS. DY. COMMISSIONER OF INCOME TAX CIRCLE 12(1)(1), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. AAJCA 9550 H APPELLANT RESPONDENT ASSESSEE BY : MR. RAJIV KHANDELWAL, AR REVENUE BY : MR. BRAJENDRA KUMAR, DR DATE OF HEARING : 07/01/2021 DATE OF PRONOUNCEMENT : 11/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2013-14. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-20, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) THE INCOME TAX ACT 1961, (THE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT SUBMITS THAT T HE PRESENT APPEAL HAS BEEN FILED BELATEDLY ON 30.12.2020 TOGETHER WITH AN APPLICATION FOR CONDONATION OF DELAY AND THE ASSESSEE IS DESIROUS T O SETTLE THE DISPUTE UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (IN SHORT VSV ACT). THUS IT IS STATED ITA NO. 2058/M/2020 AL GHURAIR 2 THAT THE DELAY IN FILING THE APPEAL BEFORE THE TRIB UNAL MAY BE CONDONED SO THAT THE ASSESSEE CAN FILE DECLARATION UNDER THE AB OVE ACT. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) HAS NO OB JECTION TO THE ABOVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTE D THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PR ESIDENT 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 ABOVE, WE CONDONE THE DELAY ON THE PART OF THE ASSESSEE IN FILING THE APPEAL BEFORE THE TRIBUNAL, WHICH WOULD FACILITATE IT IN FILING THE DECLARATION UNDER THE ABOVE ACT 4. IN THE RESULT, THE DELAY IN FILING THE APPEAL BY THE ASSESSEE BEFORE THE TRIBUNAL IS CONDONED. ORDER PRONOUNCED IN THE OPEN COURT ON 11/01/2021. SD/- SD/- (C.N. PRASAD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 11/01/2021 RAHUL SHARMA, SR. P.S. ITA NO. 2058/M/2020 AL GHURAIR 3 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