ITO-27(1)(5), MUMBAI V. SHRI JATIN DALICHAND GOSALIA HUF, MUMBAI

ITA 3790/MUM/2019

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 8770 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 30-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUSHIL MISHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3790 / / 2019 (%. .2010-11 ) ITA NO. 3790/MUM/2019 (A.Y.2010-11) ITO 27(1)(5), ROOM NO.410, 4 TH FLOOR, TOWER NO.6, VASHI RAILWAY STATION COMPLEX, NAVI MUMBAI 400 703 / VS. : / APPELLANT SHRI JATIN DALICHAND GOSALIA (HUF), A-503, SHREE RAJ REGENCY, VALLABH BAUG LANE EXTN, GHATKOPAR(E) ,MUMBAI 400 075 PAN: AAEHG5484L : / RESPONDENT . 3791 / / 2019 (%. .2010-11 ) ITA NO. 3791/MUM/2019 (A.Y.2010-11) ITO 27 (1)(5), ROOM NO.410, 4 TH FLOOR, TOWER NO.6, VASHI RAILY STATION COMPLEX, NAVI MUMBAI 400 703. : / APPELLANT / VS. SHRI JATIN DALICHAND GOSALIA , A-503, SHREE RAJ REGENCY, VALLABH BAUG LANE EXTN, GHATKOPAR(E) ,MUMBAI 400 075 PAN: AACPG5047K : / RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SUSHIL MISHRA / DATE OF HEARING : 30/12/2020 / DATE OF PRONOUNCEMENT : 30/12/2020 2 ITA NO. 3790 &3791/MUM/2019 (A.Y.2010-11) / ORDER THESE TWO APPEALS BY THE REVENUE IN THE CASE OF TWO ASSESSEES ARE DIRECTED AGAINST THE ORDERS OF COMMISSIONER OF INCO ME TAX (APPEALS)-26, MUMBAI ( IN SHORT THE CIT(A)) FOR THE ASSESSMENT YEAR 20 10-11. BOTH THE IMPUGNED ORDERS ARE DATED 27/03/2017. 2. A LETTER DATED 29/12/2020 HAS BEEN FILED ON BEHA LF OF THE ASSESSEES INTIMATING THAT THE ASSESSEES ARE OPTING FOR VIWAD SE VISHWAS SCHEME, 2020 ( IN SHORT VSVS) IN BOTH THE APPEALS. THE RELEVAN T EXTRACT OF THE LETTER READS AS UNDER:- RE: DEPARTMENTS APPEAL IN THE CASE OF SHRI JATIN GOSALIA HUF ITA: 3790/M/2019 AND 3791/M/2019 BEFORE THE HON.SMC SIR, THE ABOVE DEPAPRTMENTAL APPEALS ARE FIXED FOR HEARI NG BEFORE THE HON.SMC ON 30/12/2020. THE APPEALS ARE FOR AY.2010-11. THE ASSESSEE HAS FILED TO SETTLE THESE APPEALS UNDE R THE KAR VIVAD SE VISHWAS TAK SCHME. IN VIEW OF THE ABOVE, WE PRAY TO YOUR HONOURS TO KINDL Y PASS SUITABLE ORDERS AND OBLIGE. THANKING YOUR HONOURS, TRULY YOURS, CA KIRAN MEHTA . 3. SHRI SUSHEEL MISHRA, REPRESENTING THE DEPARTMEN T SUBMITTED THAT THE REVENUE HAS NO OBJECTION IF THE ASSESSEE WANT TO SE TTLE THE DISPUTE UNDER VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE IS OP TING FOR VSVS, THE APPEALS BY THE REVENUE HAVE BECOME INFRUCTUOUS AND, HENCE, ARE DISMISSED AS SUCH. 5. LIBERTY IS GRANTED TO THE REVENUE TO REVIVE AP PEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE 3 ITA NO. 3790 &3791/MUM/2019 (A.Y.2010-11) CLEAR THAT IF THE REVENUE /APPELLANT SEEKS TO RESTO RE THE APPEALS IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEP TED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. N ANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/202 0 BY HONBLE MADRAS HIGH COURT] 6. THE APPEALS OF REVENUE ARE DISMISSED WITH LIBERTY AFORESAID. 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) 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