R.D. JAIN & CO., MUMBAI V. CIT (A) - 28, MUMBAI

ITA 2881/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5621 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 07-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Keywords: Question of law; Competent authority; Condonation of delay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI MAHAVIR SINGH, VP & SHRI M.BALAGANESH, AM ITA NO. 2881/ MUM/ 20 18 ( ASSESSMENT YEAR : 201 1 - 12 ) & ITA NO. 2880/ MUM/ 2018 ( ASSESSMENT YEAR : 2010 - 11 ) M/S. R D JAIN & COMPANY 507, GPTA BHAVAN SANT TUKARAM ROAD MUMBAI 400 009 VS. CIT(A) - 28, MUMBAI PAN/GIR NO. AABFR0957J (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI SANJAY SETHI DATE OF HEARING 08 / 02 /202 1 DATE OF PRONOUNCEMENT 08 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : TH ESE APPEAL S IN ITA NO S . 2881/MUM/2018 & 2880/MUM/2018 FOR A.Y. 2011 - 12 & 2010 - 11 RESPECTIVELY ARISE OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 28, MUMBAI IN APPEAL NO. CIT(A) - 28/IT - 287/ITO - 17(3)(1)/2016 - 17 & CIT(A) - 28/IT - 286/ITO - 17(3)(1)/2016 - 17 RESPECTIVELY DATED 02/01/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER ITA NO . 2881/MUM/2018 & 2880/MUM/2018 M/S. R.D. JAIN & CO., 2 OF ASSESSMENT PASSED U/S.143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATE D 28/03/2016 BY THE LD. INCOME TAX OFFICER 17(3)(1), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE FIND THAT ASSESSEE HAD ALREADY FILED A LETTER DATED 17/03/2020 STATING THAT THE COMPANY IS CONTEMPLATING TO A VAIL VIVAD SE VISHWAS SCHEME 2020 TO SETTLE THE TAX DISPUTE ARISING OUT OF THESE APPEALS. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT ASSESSEE HAD FILED A LETTER DATED 17/03/2020 STATING THAT THEY ARE IN THE PROCESS OF OPTING TO PREFER AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 AND ACCORDINGLY , SOUGHT ADJOURNMENT. WE FIND THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE HIGH COURT OF MA DRAS IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN HON'BLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISWAS SCHEME - 2020 (VSV SCHEME) , HAD DISMISSED THE A PPEAL BY OBSERVING 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 FAVO UR 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 MISCELLANEOU S PETITION 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 APPLICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE ITA NO . 2881/MUM/2018 & 2880/MUM/2018 M/S. R.D. JAIN & CO., 3 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 T AX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 2 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL S RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION 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 A NY 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. 3 . IN VIEW OF THE AFORES AID OBS ERVATIONS, WE DISMISS TH E S E APPEAL S OF ASSESSEE WITH A LIBERTY TO GET THE APPEAL S RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION (TO BE FILED) NOT GETTING ACCEPTED BY THE REVENUE . 4. IN THE RESULT, THE APPEAL S OF THE ASSESSEE ARE DISMISSED ORDER P RONOUNCED IN OPEN COURT ON 08/02/2021. SD/ - ( MAHAVIR SINGH ) SD/ - (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 08 / 02 / 2021 KARUNA , SR.PS ITA NO . 2881/MUM/2018 & 2880/MUM/2018 M/S. R.D. JAIN & CO., 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( A SSTT. REGISTRAR) ITAT, MUMBAI 1. T HE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//