M/S SAI DEVELOPERS, MUMBAI V. ACIT, WARD - 25(2), MUMBAI

ITA 3487/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8769 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 22-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3487 / / 2019 (%. .2011-12 ) ITA NO. 3487/MUM/2019 (A.Y.2011-12) M/S. SAI DEVELOPERS, 5 TH FLOOR, SAI SHOPPING MALL, S.V.ROAD, OFF RAILWAY STATION, BORIVALI(W), MUMBAI 400 092 PAN: ABAFS 0770L / VS. : / APPELLANT THE ACIT, WARD 25(2), 2 ND FLOOR, C-11, PRATYAKSHAKAR BHAVAN, BKC,B ANDRA(E), MUMBAI 400 051 : / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SANJAY SETHI / DATE OF HEARING : 30/12/2020 / DATE OF PRONOUNCEMENT : 30/12/2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-44, MUMBAI ( IN SHORT THE CIT (A)) DATED 14/03/2019 FOR THE ASSESSMENT YEAR 2011-12. 2 ITA NO. 3487/MUM/2019 (A.Y.2011-12) 2. A LETTER DATED 28/12/2020 HAS BEEN SUBMITTED ON BEHALF OF THE ASSESSEE INTIMATING THAT THE ASSESSEE IS OPTING FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). 3. SHRI SANJAY J. SETHI, REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE IS OPTING FOR VSVS . 4. IN VIEW OF THE FACT THE ASSESSEE IS OPTING FOR VSVS THE APPEAL OF ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE APP EAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPL ICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNIC ATION 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 HONBLE MADRAS HIGH COURT] 6. THE APPEAL IS DISMISSED WITH THE LIBERTY AF ORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY THE 30 TH DAY OF DECEMBER, 2020. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 30/12/2020 VM , SR. PS(O/S) 3 ITA NO. 3487/MUM/2019 (A.Y.2011-12) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI