INCOME TAX OFFICER 23(1)(3), MUMBAI V. SMT. BHAGWANTI PARWANI, MUMBAI

ITA 2190/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2050 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 09-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJENDRA JOSHI
• Assessee Lawyers: BHAGWANTI PARWANI
• Keywords: Question of law; Competent authority; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 2190 /MUM/ 20 18 ( ASSESSMENT YEAR : 2014 - 15 ) THE ITO - 23(1)(3) MUMBAI ROOM NO.108, MATRU MANDIR GRANT ROAD MUMBAI - 400007 VS. SMT. BHAGWANTI PARWANI 5, CHINAR CO - OP HSG. SOCIETY 21 ST ROAD, BANDRA (W) MUMBAI 400 050 PAN/GIR NO. AIBPP6946P (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI RAJENDRA JOSHI ASSESSEE BY SHRI BHAGWANTI PARWANI DATE OF HEAR ING 03 / 12 /2020 DATE OF PRONOUNCEMENT 03 / 12 /2020 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 2190/MUM/2018 FOR A.Y. 2014 - 15 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 32, MUMBAI IN APPEAL NO. CIT(A) - 32/ITO - 23(1)(3)/IT - 474/2016 - 17 DATED 22/01/2018 (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) ITA NO . 2190/MUM/2018 SMT. BHAGWANTI PARWANI 2 DATED 29/12/2016 BY THE LD. INCOME TAX OFFICER 23(1)(3), MUMBAI ( HEREINAFTER REFERRED TO AS LD. AO). 2. WE FIND THAT REVENUE HAS FILED GROUNDS CONTESTING THE DELETION OF ADDITION OF RS.1,62,83,323/ - MADE ON ACCOUNT OF TRANSACTIONS ON SALE OF SHARES AND RS.81,417/ - IN RESPECT OF ACCOMMODATION TRANSACTION THEREON. WE FIN D THAT ASSESSEE VIDE HER LETTER FILED BEFORE US ON 03/12/2020 HAD SUBMITTED THAT SHE INTENDS TO AVAIL OPPORTUNITY AVAILABLE UNDER VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE THE DISPUTES ARISING OUT OF THIS APPEAL. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUS ED THE MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE INTENDS TO FILE AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , THERE IS NO NEED TO KEEP THE APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE C ASE 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 SCHEME), 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 THE 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 PETITIO N 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 COMPETENT AUTHORITY SHALL PROCESS THE APPL ICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS ITA NO . 2190/MUM/2018 SMT. BHAGWANTI PARWANI 3 EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE A PPEAL 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 LIBERTY TO THE ASSESSEE TO GET T HE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DECLARATION TO BE FILED IS NOT ACCEPTED BY 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 OF THE AFORESAID OBSERVATIONS, WE DISMISS THE APPEAL WITH A LIBERTY TO GET THE M RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 03 / 12 /2020 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 03 / 12 / 2020 KARUNA , SR.PS ITA NO . 2190/MUM/2018 SMT. BHAGWANTI PARWANI 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//