Sai Everest Builders & Developers , Mumbai V. Assistant Commissioner of Income Tax, Circle - 22(3)(2), Mumbai

ITA 2702/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4419 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 01-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN , AM AND SHRI AMARJIT SINGH, JM (HEARING THROUGH VIDEO CONFERENCING MODE) / I .T.A. NO. 2702 / MUM/ 20 19 ( / ASSESSMENT YEAR: 20 14 - 15 ) SAI EVEREST BUILDERS & DEVELOPERS 12/B, 4 TH FLOOR, SILVER APTS, DATTA MANDIR ROAD, SANTACRUZ (EAST), MUMBAI - 400055. / VS. ITO, WARD - 22(3)(2) PIRAMAL CHAMBERS, 3 RD FLOOR, LALBAUG, PAREL, MUMBAI - 400012. ( / APPELLANT ) .. ( / RESPONDENT ) & C . O . NO.60 /MUM/20 20 (ARISING OUT OF ITA. NO.4096/MUM/2019 ( / ASSESSMENT YEAR: 20 14 - 1 5 ) SAI EVEREST BUILDERS & DEVELOPERS 12/B, 4 TH FLOOR, SILVER APTS, DATTA MANDIR ROAD, SANTACRUZ (EAST), MUMBAI - 400055 . / VS. ITO, WARD - 22(3)(2) 306 PIRAMAL CH AMBERS, PAREL, MUMBAI - 400012 . ./ ./ PAN/GIR NO. : ABLFS 0449 M ( / APPELLANT ) .. ( / RESPONDENT ) / DAT E OF HEARING: 16 / 0 9 / 20 2 1 /DATE OF PRONOUNCEMENT: 16 / 0 9 / 20 21 / O R D E R PER AMARJIT SINGH (JM) : 1. THE PRESENT APPEAL FILED BY THE ASSESSEE AS WELL AS CROSS - OBJECTION FILED BY THE ASSESS EE ARE AGAINST THE COMMON ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 34, MUMBAI (IN SHORT CIT(A)) FOR ASSESSEE BY : SHRI PRAKASH JHUNJHUNWALA REVENUE BY: SHRI AJIT KUMAR SHRIVASTAVA ( D R) ITA NO.270 2 /M UM /20 19 C.O. NO.60/MUM/2020 A.Y.20 1 4 - 15 2 THE A.Y. 2014 - 15 DATED 19.03.2019 AND ARISES OUT OF ASSESSMENT COMPLETED U / S 143 ( 3 ) OF THE INCOME TAX ACT, 1961 ( IN SHORT THE ACT ). 2 . AT THE OUTSET, THE LD . AR SUBMITTED THAT ASSESSEE HAS PREFERRED TO SETTLE THE ISSUE UNDER VIVAD SE VISHWAS ACT, 2020 AND RELEVANT INFORMATION IS FILED VIDE LETTER DATED 14 . 0 9 . 2021 AND SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWA S ACT, 2020 ( ACT 3 OF 2020 ) AND CONFIRMED THE RECEIPT OF FORM - 3 . 3 . THE LD . DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED . 4 . HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD . CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE . HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL I N THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT . IT IS FURTHER MADE CLEAR THAT IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC . 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 HON BLE MADRAS HIGH COURT IN ORDER DATED 16TH OCTOBER 2020, DELIVERED IN M / S . NANNUSAMY MOHAN ( HUF ) V / S ACIT , TCA NO . 372 OF 2 020 . WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN ITA NO.270 2 /M UM /20 19 C.O. NO.60/MUM/2020 A.Y.20 1 4 - 15 3 5 . IN THE RESULT, THE A PPEAL FILED BY ASSESSEE AND CROSS - OBJECTION FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN . PRONOUNCED IN THE OPEN COURT TODAY ON THE 16 / 0 9 / 2021 SD/ - SD / - ( S. RIFAUR RAHMAN ) (AMARJIT SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 16 / 09 / 202 1 V IJAY PAL SINGH /SR.PS / 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./ASSTT. REGISTRAR) , / ITAT, MUMBAI