Appeal details
Counselvise Citation
[2020] 109 COUNSELVISE.COM (IT) 9340 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 11 month(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
28-12-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
SMC
Assessment Year
2009-2010
Appeal Filed On
28-01-2019
Judgement Text
SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE S H RI VIKAS AWASTHY, JUDICIAL MEMBER ./ ITA NO. 391 / MUM/ 2019 ( / ASSESSMENT YEARS 2009 - 10 ) M/S NEHRAJ STOCK BROKERS PVT. LTD. 51, ADVENT, 12A, JAGANNATH BHOSALE MARG, NARIMAN POINT, MUMBAI / VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 4(2), MUMBAI ( / APPELLANT) ( / RESPONDENT) . / PAN NO. AABC N 4279 L / APPELLANT BY : SHRI N.K. SHARMA, AR / RESPONDENT BY : MS. SHREEKALA PARDESHAI, DR / DATE OF HEARING : 28.12.2020 / DATE OF PRONOUNCEMENT : 28.12.2020 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2 , MUMBAI [IN SHORT THE CIT(A)] DATED 07.01.2019 FOR THE ASSESSMENT YEAR 2009 - 10 . 2. SHRI N.K. SHARMA APPEARING ON BEHALF OF THE ASSESSEE STATED AT BAR THAT THE ASS ESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020 (IN SHORT VSVS), THEREFORE, THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEAL WITH LIBERTY TO REVIVE THE APPEAL IF THE APPLICATION MADE UNDER VSVS IS NOT ACCEPTED. PAGE | 2 ITA NO. 391 /MUM/2019 M/S NEHRAJ STOCK BROKERS PVT. LTD. , AY 09 - 10 3. MS. SHREEKALA PARDESHAI , REPRESENTI NG THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF ABOVE REQUEST, THE ASSESSEE IS ALLOWED TO WITHDRAW THE APPEAL. THUS, THE APPEAL OF ASSESSEE IS DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL S 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 THE APPEAL IN THE EVENT ASSESSEES D ECLARATION MADE UNDER VSVS IS NOT ACCEPTED, 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 UND ER 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 THE APPEAL IS DISMISSED AS WITHDRAWN WITH THE LIBERTY AFORESAID . ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY , THE 28 TH DAY OF D ECEMBER , 2020. SD/ - ( / VIKAS AWASTHY ) ( / JUDICIAL MEMBER) , / MUMBAI, DATED: 28. 1 2.2020 , . / SUDIP SARKAR, SR.PS PAGE | 3 ITA NO. 391 /MUM/2019 M/S NEHRAJ STOCK BROKERS PVT. LTD. , AY 09 - 10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY/ / / (ASSTT. REGISTRAR) , / ITAT, MUMBAI
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