ACIT 27(3), MUMBAI V. SHRI RAJANIKANT N SHAH (LEGAL HEIR:SMT KOKILA R SHAH), MUMBAI

ITA 3967/MUM/2018

• Counselvise Citation: [2020] 109 COUNSELVISE.COM (IT) 9688 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 1 OF 3 INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH, MUMBAI [CORAM: JUSTICE P. P. BHATT (PRESIDENT) AND PRAMOD KUMAR (VICE PRESIDENT)] ITA NO. 3967/MUM/2018 ASSESSMENT YEAR: 2009 - 10 ACIT 27(3) .APPELLANT MUMBAI VS SHRI RAJANIKANT N SHAH ..........RESPONDENT (LEGAL HEIR: SMT KOKILA R SHAH) GALA NO. 3 & $, SHAH COMPOUND NO. 9, BEHIND SAMURDHI AUTO, LBS MARG KURLA (W) MUMBAI 400070 [PAN: AAJPS1395R ] C.O 76/MUM/2020 ITA 3967/MUM/2018 ASSESSMENT YEAR: 2009 - 10 SHRI RAJANIKANT N SHAH .APPELLANT (LEGAL HEIR: SMT KOKILA R SHAH) GALA NO. 3 & $, SHAH COMPOUND NO. 9, BEHIND SAMURDHI AUTO, LBS MARG KURLA (W) MUMBAI 400070 [PAN: AAJPS1395R ] VS ACIT 27(3) ..........RESPONDENT MUMBAI APPEARANCES BY MALAV SHETH FOR THE APPELLANT BHARAT ANDHALE FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : DECEMBER 24 T H , 2020 DATE OF PRONOUNCEMENT : DECEMBER 24 TH , 2020 ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 2 OF 3 ORDER PER BENCH: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 07.03.2018 PASSED BY THE LEARNED CIT(A) - 25 , MUMBAI IN THE MATTER OF ASSESSMENT U/S.143(3)/147 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT 2009 - 10 . 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPE AL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE PRESENT, APPEAL IS DISMISSED . CO NO. 76/MUM/2020 6 . BY WAY OF THIS CROSS OBJECTION, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTION OF LEARNED CIT(A)S ORDER DATED 05.06.2018 , IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) R.W.S. 147 OF THE INCOME TAX ACT 1961 FOR THE ASSESSMENT YEAR 2009 - 10. 7. WHEN THE CROSS OBJECTION WAS TAKEN UP FOR THE HEARING LEARNED COUNSEL FOR THE ASSESSEE SHRI MALAV SHETH , SUBMITTED THAT THE DELAY IN FILING OF THE APPEALS MAY KINDLY BE CONDONED AS THE ASSESSEE IS OPTING FOR SETTLEMENT OF THIS PENDING DI SPUTE UNDER VIVAD SE ITA NO. 1429/MUM/2015 ASSESSMENT Y EAR: 2008 - 09 PAGE 3 OF 3 VISHWAS SCHEME 2020. HE FURTHER, SUBMITS THAT IN ANY CASE THE DELAY IN FILLING OF APPEAL IS REASONABLY EXPLAINED AND HE HAS FILED DETAILED EXPLANATION WITH RESPECT TO DELAY WHICH DESERVES TO BE ACCEPTED ON MERITS AS WELL. SHRI MALAV S HETH , FURTHER SUBMITTED THAT AS THE ASSESSEE IS OPTING FOR THE SETTLEMENT OF PENDING DISPUTE AS SUCH, AND THE ASSESSEE DOES NOT THERE FORE, WISH TO PERSUE THE APPEAL . THE APPEALS MAY KINDLY BE DISMISSED. 8 . SHRI. BHARAT ANDHALE , DEPARTMENTAL REPRESENTATI VE DOES NOT OBJECT TO THE PRAYER MADE BY THE ASSESSEE. HE SUBMITS THAT GIVEN THE FACT THAT THE ASSESSEE IS OPTING FOR SETTLEMENT OF DISPUTE UNDER VIVAD SE VISHWAS SCHEME 2020, HE HAS NO OBJECTION TO THE CONDONATION OF THE DELAY. 9. IN VIEW OF THE ABOVE DI SCUSSIONS AND BEARING IN MIND THE ENTIRETY OF THE MATTER, WE DEEM IT FIT AND PROPER TO CONDONE THE DELAY IN FILING OF APPEAL AND ADMIT THE SAME FOR ADJUDICATION ON MERITS. HOWEVER, AS THE ASSESSEE IS OPTING FOR RESOLUTION OF THE DISPUTE UNDER VIVAD SE VISH WAS SCHEME 2020, NO SUCH ADJUDICATION ON MERIT IS WARRANTED ANYWAY. 10. IN THE RESULT, DISMISSED AS WITHDRAWN FOR WANT OF PROSECUTION. TO SUM UP THE APPEAL OF THE REVENUE AND CO FILED BY THE ASSESSEE ARE DISMISSED IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 2 4TH DAY OF DECEMBER, 2020 SD/ - SD/ - JUSTICE P. P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 24 TH DAY OF DECEMBER, 2020 COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI