NITIN CHANDRAKANT DESAI, MUMBAI V. ACIT 11(1), MUMBAI

ITA 3993/MUM/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2613 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 13-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OOMEN THARIAN
• Keywords: Question of law; Competent authority; Condonation of delay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , B BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI , JM ITA NO. 3993 /MUM/ 20 16 ( ASSESSMENT YEAR : 2008 - 09 ) SHRI NITIN CHANDRAKANT DESAI 201 - B, VENTURA, CENTRAL AVE NUE, OPP. D MART HIRANANDANI BUSINESS PARK POWAI, MUMBAI 400 076 VS. ACIT - 11(1), MUMBAI PAN/GIR NO. AAFPD8678Q (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI DEVENDRA JAIN REVENUE BY SHRI OOMEN THARIAN DATE OF HEARING 26 / 11 /2020 DATE OF PRONOUNCEMENT 26 / 11 /2020 / O R D E R PER M.BALAGANESH (AM) : THIS APPEAL IN ITA NO. 3993/MUM/2016 FOR A.Y. 2008 - 09 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 4 , MUMBAI IN APPEAL NO. CIT(A) - 4 / TR - 77/APPEAL - (3)/ACI T.11(1)/2014 - 15 IN THE MATTER OF IMPOSITION OF PENALTY U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) 2 . A LETTER HAS BEEN SUBMITTED BY THE ASSESSEE THR OUGH EMAIL ON 26/11/2020 AT 11: 30 AM . AT THE OUTSET, THE LD. COUNSEL FOR ITA NO . 3993/MUM/2016 SHRI NITIN CHANDRAKANT DESAI 2 THE A SSESSEE SHRI DEVENDRA JAIN SUBMITTED THAT ASSESSEE HAD ALREADY FILED A DECLARATION UNDER VIVAD SE VISHWAS SCHEME TO SETTLE THE DISPUTES ARISING OUT OF THESE APPEALS. THIS IS CONSIDERED AS A STATEMENT MADE FROM THE BAR. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE IS CONTEMPLATING FILING OF AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS H IGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME), HAD DISMI SSED THE APPEAL BY OBS ERVING IN PARA 7 TO 9 AS UNDER: - 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NO T IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MIS CELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/ ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHAL L PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ITA NO . 3993/MUM/2016 SHRI NITIN CHANDRAKANT DESAI 3 9. WITH THIS DECLARATI ON, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. 4 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE AS SESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS , IF THE ASSESSEES DECLARATION TO BE FILED IS NOT ACCEPTED BY TH E REVENUE FOR ANY REASON WHATSOEVER, THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5 . IN VIEW OF TH E AFORESAID OBSERVATIONS, WE DISMISS TH E APPEAL WITH A LIBERTY TO GET IT RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED ON 2 6 / 11 /2020 IN THE OPEN COURT . SD/ - ( RAM LAL NEGI ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 2 6 / 11 / 2020 KARUNA , SR.PS ITA NO . 3993/MUM/2016 SHRI NITIN CHANDRAKANT DESAI 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REG ISTRAR) ITAT, MUMBAI 1. THE APPELL ANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//