PRAKASH SOMALAL SHAH, MUMBAI V. PR.CIT(C)-I, MUMBAI

ITA 2278/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8212 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 12-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN , AM & BEFORE SHRI PAV AN KUMAR GADALE, J M / I .T.A. NO . 2278 /MUM/20 18 ( / ASSESSMENT YEAR: 2008 - 09 ) SHRI PRAKASH SOMALAL SHAH, 2202, TIVOLI, MAIN STREET, HIRANANDANI GARDEN, POWAI, MUMBAI - 400076 / VS. PR. CIT (C) 1, PRATISHTHA BHAVAN, M.K. ROAD, MUMBAI - 400020 ./ ./ PAN/GIR NO. AADPS6732L ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 27 / 01 /20 21 /DATE OF PRONOUNCEMENT: 10/02 / 20 21 / O R D E R PER S. RIFAUR RAHMAN, ACCOUNTANT MEMB ER : THE PRESENT APPEAL HA S BEEN FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 13.03.2018 PASSED BY LD. PR. COMMISSIONER OF INCOME TAX (CENTRAL) - I , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. PR. CIT (C) ] RELEVANT TO A.Y. 20 08 - 09 . 2 . AT THE OUTSET, W HEN THE APPEAL W AS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (AC T 3 OF 2020). VIDE LETTER DATED 21.01.2021, HE CONFIRMED THE RECEIPT OF FORM - 1 & 2 AND PRAYER TO WITHDRAW THE APPEAL. HE PRAYED THAT ITS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR DID NOT OBJECT TO COURSE SO SUGGESTED. ASSESSEE BY : SHRI PARESH SHAPARIA, AR REVENUE BY: SHRI V. SREEKAR , CIT DR ITA NO. 2278 / MUM/20 18 SHRI PRAKASH SOMALAL SHAH 2 4. CONSIDERED THE RIVAL SUBMISSIONS AND MATERIAL PLACED ON RECORD. WE NOTICE THAT ASSESSEE FILED THE LETTER FOR WITHDRAWAL. ACCORDINGLY, L IBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UND ER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEE'S DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DE LAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HON'BLE MADRAS HIGH COU RT]. 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF I TS APPEAL. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 10/02 /202 1 SD/ - SD/ - ( PAVAN KUMAR GADALE ) (S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 10/02 / 202 1 DHANANJAY ( SR.PS ) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. ITA NO. 2278 / MUM/20 18 SHRI PRAKASH SOMALAL SHAH 3 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6 . / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI