M/S NAHAR GEMS , Mumbai V. ACIT 19(2), Mumbai

ITA 3755/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2391 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 29-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: KAPIL SHAH

Judgement Text

1 M/S NAHAR GEMS IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY (JUDICIAL MEMBER) I.T.A. NO.3755/MUM/2019 - ASSESSMENT YEAR 2007-08 I.T.A. NO.3756/MUM/2019 - ASSESSMENT YEAR 2009-10 I.T.A. NO.3757/MUM/2019 - ASSESSMENT YEAR 2010-11 I.T.A. NO.3759/MUM/2019 - ASSESSMENT YEAR 2013-14 M/S NAHAR GEMS 103, RATANDEEP BUILDING 76/78, JSS ROAD, OPERA HOUSE MUMBAI-400 004 PAN : AADFN0906H VS ITO - 6(2)(1), MUMBAI APPELLANT RESPONDENT APPELLANT BY SHRI KAPIL SHAH RESPONDENT BY SMT. SMITA VERMA DATE OF HEARING 10-06-2021 DATE OF PRONOUNCEMENT 10 - 0 6 - 2021 O R D E R CAPTIONED APPEALS BY THE SAME ASSESSEE ARISE OUT F OUR SEPARATE ORDERS, ALL DATED 18-03-2019, OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-5, MUMBAI FOR THE ASSESSMENT YEARS 2007-08, 2009-10, 2010-11 AND 2013-14. 2. AT THE OUTSET, LEARNED AUTHORIZED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAS OPTED FOR SETTLING THE DISPUT E ARISING IN THESE APPEALS UNDER THE DIRECT TAX VIVADH SE VISHWAS ACT, 2020. HE SUB MITTED, AFTER RECEIVING THE CERTIFICATES ISSUED BY THE DESIGNATED AUTHORITY IN FORM 3, THE ASSESSEE HAS ALSO PAID THE TAX DUE AND SUBMITTED FORM 4. HOWEVER, HE SUBMITTED, ASSESSEE HAS NOT 2 M/S NAHAR GEMS YET RECEIVED FORM 5. LETTERS DATED 09-03-2021 TO TH IS EFFECT ATTACHING COPIES OF FORM 3 HAVE ALSO BEEN FURNISHED BEFORE THE BENCH. 3. I HAVE HEARD THE PARTIES AND PERUSED THE MATERIA LS ON RECORD. IT IS A FACT THAT THE ASSESEE HAS OPTED FOR SETTLING THE DISPUTE ARISING IN THESE APPEALS UNDER THE DIRECT TAX VIVADH SE VISHWAS ACT, 2020 AND HAS RECEIVED FORM 3 ISSUED BY THE DESIGNATED AUTHORITY AND PAID THE TAXES AND FURNISH ED FORM 4. UNDER THESE CIRCUMSTANCES, IT IS NOT NECESSARY TO KEEP THESE AP PEALS PENDING. ACCORDINGLY, I DEEM IT APPROPRIATE TO DISMISS THESE APPEALS AS WIT HDRAWN. HOWEVER, IF FOR ANY UNFORESEEN REASONS, ASSESSEES DECLARATIONS UNDER T HE VIVADH SE VISHWAS SCHEME, ULTIMATELY, ARE NOT ACCEPTED BY THE DEPARTMENT BY I SSUING FORM 5, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THES E APPEALS. 3. IN THE RESULT, APPEALS ARE DISMISSED. ORDER PRONOUNCED ON 10/06/2021. SD/- SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DT : 10/06/2021 PAVANAN COPY TO : 1. APPELLANT 2. RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, MUMBAI 6. GUARD FILE /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI 3 M/S NAHAR GEMS