BALMOHAN VIDYA MANDIR TRUST, MUMBAI V. ITO (E) 1(1), MUMBAI

ITA 3671/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1453 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 27-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3671 / / 2019 (%. .2010-11 ) ITA NO. 3671/MUM/2019 (A.Y.2010-11) . 3672 / / 2019 (%. .2011-12 ) ITA NO. 3672/MUM/2019 (A.Y.2011-12) BALMOHAN VIDYA MANDIR TRUST, 59-65, M.B.RAUT ROAD, SHIVAJI PARK, DADAR, MUMBAI 400 028 PAN: AAATB0099C / VS. : / APPELLANT INCOME TAX OFFICER(E)-1(1), PIRAMAL CHAMBER, 5 TH FLOOR, LALBAUG,MUMBAI 400 012 : / RESPONDENT ASSESSEE BY : SHRI ANIL SATHE REVENUE BY : SHRI SANJAY J. SETHI / DATE OF HEARING : 01/12/2020 / DATE OF PRONOUNCEMENT : 01/12/2020 / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED AGA INST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-3, MUMBAI ( IN SHORT THE CIT(A)) FOR THE ASSESSMENT YEAR 2010-11( DATED 24/02/2019) AND ASSE SSMENT YEAR 2011-12 (DATED 22/02/2019), RESPECTIVELY. 2 ITA NO. 3671& 3672/MUM/2019 (A.Y.2010-11& 2011-1 2) 2. SHRI ANIL SATHE, APPEARING ON BEHALF OF THE ASSE SSEE SUBMITTED THAT THE ASSESSEE IS OPTING FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND HAS ALREADY FILED REQUISITE APPLICATION IN THE PRES CRIBED FORM, THEREFORE, THESE APPEALS MAY BE DISMISSED AS WITHDRAWN AT THIS STAGE . THE LIBERTY MAY BE PROVIDED TO THE ASSESSEE TO REVIVE THE APPEALS IN CASE THE MATT ER FAILS TO MATURE UNDER VSVS. 3. SHRI SANJAY J. SETHI, REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. HEARD. IN VIEW OF THE FACT THAT ASSESSEE HAS M ADE AN APPLICATION UNDER VSVS THE ASSESSEE IS ALLOWED TO WITHDRAW APPEALS AT THIS STAGE. THUS, THESE APPEALS BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO RESTORE TH E APPEAL IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE TH E APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCEL LANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAYE D COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. AC IT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHD RAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED ON TUESDAY THE 1 ST DAY OF DECEMBER, 2020. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 01/12/2020 VM , SR. PS(O/S) 3 ITA NO. 3671& 3672/MUM/2019 (A.Y.2010-11& 2011-1 2) 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