M/S S K TRADERS, Mumbai V. CIT (A)-30, MUMBAI, Mumbai

ITA 2627/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2154 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 26-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER ITA NO. 2627 /MUM. /2019 ( ASSESSMENT YEAR : 20 10 11 ) ITA NO. 262 8 /MUM. /201 9 ( ASSESSMENT YEAR : 20 1 1 12 ) ITA NO. 2629 /MUM. /2019 ( ASSESSMENT YEAR : 20 1 2 1 3 ) M/S. S.K. TRADERS SHOP NO9, R.K. BUILDING NO.2 OPP. SHREE VIMALNATH JAIN TEMPLE 9 TH KHETWADI LANE, MUMBAI 400 004 PAN AANFS1803J . APPELLANT V/S THE ASSESSING OFFICER CIRCLE 30, MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : S HRI SANJAY J. SETHI DATE OF HEARING 26 .11.2020 DATE OF ORDER 26.11.2020 O R D E R CAPTIONED APPEALS HAVE BEEN FILED BY THE SAME ASSESSEE CHALLENGING THE ORDER DATED 11.5.2018, PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS), MUMBAI, FOR THE ASSESSMENT YEAR S 2010 11, 2011 12 AND 2012 13. 2. WHEN THE APPEAL S WERE CALLED FOR HEARING, NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE TO REPRESENT THE CASE. HOWEVER, THE ASSESSEE 2 M/S. S.K. TRADERS HAS FILED A LETTER DATED NIL RECEIVED BY THE REG ISTRY ON 25 TH NOVEMBER 2020, WHEREIN, THE ASSESSEE HAS SOUGHT PERMISSION TO WITHDRAW THE APPEALS AS IT WOULD BE SETTLING THE DISPUTE UNDER THE VIVAD SE VISHWAS ACT , 2020 . 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEALS BY THE ASSESSEE. 4. HEARD THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEALS AS HE WANTS TO SETTLE THE DISPUTE UNDER VIVAD SE VISHWAS ACT, 2020, I PERMIT THE ASSESSEE TO WITHDRAW THE APPEALS AT THIS STAGE. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THESE APPEALS IN THE EVENT THE DECLARATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURT HER MADE CLEAR, IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEALS BY FILING MISCELLANEOUS APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. THIS IS IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. WITH THE AFORESAID OBSERVATIONS, THE APPEALS ARE DISMISSED AS WITHDRAWN. 3 M/S. S.K. TRADERS 5. IN THE RESULT, APPEALS ARE DISMISSED WITH AFOREMENTIONED LIBERTY. ORDER PRONOUNCED IN THE OPEN COURT ON 26.11.2020. SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 26.11.2020. 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