J M EXPORTS , Mumbai V. ITO 31(2)(1), Mumbai

ITA 2181/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0662 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 2181 /MUM. /201 9 ( ASSESSMENT YEAR : 20 09 10 ) ITA NO. 2182 /MUM. /2019 ( ASSESSMENT YEAR : 20 10 11 ) ITA NO. 2183 /MUM. /2019 ( ASSESSMENT YEAR : 20 11 12 ) ITA NO. 2184 /MUM. /2019 ( ASSESSMENT YEAR : 20 12 13 ) ITA NO. 2185 /MUM. /2019 ( ASSESSMENT YEAR : 20 13 14 ) ITA NO. 2267 /MUM. /2019 ( ASSESSMENT YEAR : 20 14 15 ) J.M. EXPORTS AW 3062, BHARAT DIAMOND BOURSE BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 PAN AACFJ6782A . APPELLANT V/S INCOME TAX OFFICER WARD 31(2)(1), MUMBAI . RESPONDENT ASSESSEE BY : SHRI HIMANSHU GANDHI REVENUE BY : S HRI SANJAY J. SETHI DATE OF HEARING 16 .1 2 .2020 DATE OF ORDER 16.12.2020 2 J.M. EXPORTS O R D E R TH E AFORESAID APPEAL S HA VE BEEN FILED BY T H E SAME ASSESSEE CHALLENGING SEPARATE ORDER S PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 42 , MUMBAI, FOR THE ASSESSMENT YEAR S 20 09 10, 2010 11, 2011 12, 2012 13, 2013 14 AND 2014 15. 2. THE LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER DATED 15 TH DECEMBER 2020, BEFORE THE REGISTRY OF THE TRIBUNAL STATING THAT THE ASSESSEE HAS FILED APPLICATIONS/DECLARATIONS FOR SETTLING THE TAX DISPUTE ARISING IN THESE APPEALS UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT , 2020. THE AFORESAID LETTER IS KEPT ON RECORD. 3. HEARD THE LEARNED COUNSELS APPEARING FOR THE PARTIES AND PERUSED THE MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS ALREADY APPLIED FOR SETTLING THE DISPUTE IN THE PRESENT AP PEAL S UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, I AM INCLINED TO DISMISS THE APPEAL S AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSE SSEE TO SEEK RESTORATION OF THESE APPEAL S IN THE EVENT THE APPLICATION S FILED UNDER THE VIVAD SE VISHWAS ACT, 2 020 ARE NOT ACCEPTED BY THE DEPARTMENT. IN OTHER WORDS, IN THE EVENT OF NON ACCEPTANCE OF ASSESSEES DECLARATION S BY THE REVENUE, THE ASSESSEE CAN FILE MISCELLANEOUS APPLICATION S SEEKING RECALL OF THIS ORDER AND RESTORATION OF THE APPEAL S . THIS IS IN VIEW OF THE DECISION OF THE HONBLE MADRAS 3 J.M. EXPORTS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. 4. IN THE RESULT, APPEAL S ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.12.2 020 MUMBAI, DATED: 16.12.2020 SD/ - SAKTIJIT DEY JUDICIAL MEMBER COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI