AMEERA SANJAY SHAH, MUMBAI V. ACIT, CIRCLE - 19(1), MUMBAI

ITA 3270/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5330 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 15-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Keywords: Competent authority; Condonation of delay
• Section: 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER ITA NOS. 3497 & 3498/MUM/2019 : A.YS : 2009 - 10 & 2012 - 13 LATE SHRI SURINDERSINGH M. BAL THROUGH LH MR. RAJBIR SINGH S. BAL GURUKRIPA COMPOUND, COLLECTOR COLONY, CHEMBUR, MUMBAI 400 074. PAN : ACEPB0944J (APPELLANT) VS. INCOME TAX OFFICER, WARD 27(3)(4), MUMBAI. (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA ITA NO. 3670 /MUM/2019 : A.Y : 201 5 - 1 6 HINA DESAI B - 303, MANEK SMRUTI, BEHIND HDFC BANK, VILE PARLE (E), MUMBAI 400 057. PAN : A HJPD5422D (APPELLANT) VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 5 ( 1 ), MUMBAI. (RESPONDENT) ASSESSEE BY : MS. VARSHA BHATTAR REVENUE BY : MS. SMITA VERMA ITA NO. 3270/MUM/2019 : A.Y : 2014 - 15 AMEERA SANJAY SHAH 127, KEMPS CORNER, NEXT TO OM CHAMBERS, MUMBAI 400 026. PAN : AYYPS0834N (APPELLANT) VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 19 (1), MUMBAI. (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA DATE OF HEARING : 17/12/2020 DATE OF PRONOUNCEMENT : 01 / 0 1 /202 1 2 ITA NOS. 3497, 3498, 3670 & 3270/M/2019 LATE SHRI SURINDERSINGH M. BAL & ORS. O R D E R THESE ARE APPEALS, BY DIFFERENT ASSESSEES, DIRECTED AGAINST RESPECTIVE ORDERS OF LEARNED CIT(A), PERTAINING TO RELEVANT ASSESSMENT YEARS MENTIONED ABOVE. 2. A T THE OUTSET, IN THE RESPECTIVE CASES IT IS NOTED THAT THE ASSESSEES HAVE OPTED FOR SOLUTION OF DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. 3. I NOTE THAT IN A SIMILAR SITUATION, HON'BLE MADRAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER : - 3. THE LEARNED COUNSEL FOR THE APPELLANT / ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE APPELLANT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVI TY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO. I. 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELO PMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRES IDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPE LLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE HON'BLE SUPREME COURT OF INDIA. UNDER SECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3 ITA NOS. 3497, 3498, 3670 & 3270/M/2019 LATE SHRI SURINDERSINGH M. BAL & ORS. 3, WHERE A DECLARANT MEANS A PERSON, WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4 IN RESPECT OF TAX ARREARS, THEN, NOTWITHSTANDING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BEING IN FO RCE, THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERMS OF SECTION 3(A - C) THEREUNDER. 6. THE FIRST PROVISO TO SECTION 3 STATES THAT IN CASE, WHERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY THE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM, THE AMOUNT PAYABLE SHALL BE ONE - HALF OF THE AMOUNT IN THE TABLE STIPULATED IN SECTION 3 CALCULATED ON SUCH ISSUE, IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROVISO DEALS WITH THE CASES, WHERE THE MATTER IS BEFO RE THE COMMISSIONER (APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS WITH CASES, WHERE THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTICULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4. SECTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERT AIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES, WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 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 AS SESSEE 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 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 BEFO RE 20.11.2020 AND THE COMPETENT AUTHORITY 4 ITA NOS. 3497, 3498, 3670 & 3270/M/2019 LATE SHRI SURINDERSINGH M. BAL & ORS. SHALL PROCESS THE APPLICATION / DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ACCORDINGLY, RESPECTFULLY FOLLOWING THE ABOVE AND NOTING THE FACT THAT THE ASSESSEES ARE OPTING FOR RESOLUTION OF DISPUTE UNDER VIVAD SE VISHWAS SCHEME IN THE PRESENT APPEALS, I TREAT THESE APPEALS BEING DISPOSED OFF AS WITHDRA WN. 4. THE ASSESSEES ARE GIVEN LIBERTY FOR RESTORATION OF APPEAL IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COURT ORDER AS ABOVE. REPRESENTATIVES PRESENT FOR BOTH THE SIDES FAIRLY AGREED TO THE ABOVE PROPOSITION . 5. IN THE RESULT, THE APPEALS BY THE RESPECTIVE ASSESSEES IS DISPOSED OF BY TREATING THE SAME AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 S T J A N U A R Y , 202 1 . SD/ - ( SHAMIM YAHYA ) ACCOUNTANT MEMBER MUMBAI, DATE : 1 S T J A N U A R Y , 20 2 1 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, SMC BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI