SHILPI JEWELLERS PVT, LTD., MUMBAI V. DCIT, CENTRAL CIRCLE. 4(1), MUMBAI

ITA 42/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7341 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2015-2016
• Appeal Filed On: 03-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T S KHALSA
• Assessee Lawyers: CHARMI SHROFF
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH , MUMBAI BEFORE SHRI MAHAVIR SINGH, VP AND SHRI MANOJ KUMAR AGGARWAL, AM ITA NO. 42/MUM/2019 (ASSESSMENT YEAR 2015-16) M/S SHILPA JEWELLERS PVT. LTD. OFFICE NO.201,207, 2 ND FLOOR, 29/31, MEENA APARTMENT , DHANJI STREET, ZAVERU BAZAR, MUMBAI-400003 VS. DCIT CENTRAL CIRCLE - 4(1), 19 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI-400021. (APPELLANT) (RESPONDENT) PAN NO. AABCC1084G APPELLANT BY : SHRI CHARMI SHROFF, AR RESPONDENT BY : SHRI T.S. KHALSA,CIT-DR DATE OF HEARING : 12.01.2021 DATE OF PRONOUNCEMENT : 12.01.2021 O R D E R PER MAHAVIR SINGH, VP: THIS APPEAL BY ASSESSEE IS ARISING OUT OF THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-52, MUMBAI [IN SHORT CIT(A)] I N APPEAL NO. CIT (A)-52/IT- 578/DC-CC-4(1)/2016-17 VIDE ORDER DATED 31.10.2018. THE ASSESSMENT WAS FRAMED BY DEPUTY COMMISSIONER OF INCOME TAX, CENTRA L CIRCLE-4(1), MUMBAI (IN SHORT DCIT) UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER THE ACT) FOR THE ASSESSMENT YEAR 2015-16 VIDE HIS ORDE R DATED 30.12.2016. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE, CHARMI SHROFF FILED AN ADJOURNMENT PETITION STATING THAT THE ASSESSEE HAS FILED FORM NO. 1 & 2 BEFORE THE DESIGNATED AUTHORITY UNDER VIVAD SE VISHWAS SCH EME AND QUA THIS ASSESSEE HAS MADE A MENTION IN ADJOURNMENT PETITION DATED 11 .01.2020. THE SAME READS AS UNDER: PAGE | 2 ITA NO. 42 MUM 2019-M/S SHILPA JEWELLERS PVT. LTD. THE ABOVE MATTER IS LISTED FOR HEARING ON 12.01.202 1 BEFORE THE HONBLE G BENCH. WE WOULD LIKE TO INFORM YOU THAT YOUR APPELL ANT FOR THE ABOVE- MENTIONED YEAR HAS OPTED FOR VIVAD SE VISHWAS SCH EME AND AWAITING THE CONFIRMATION FROM THE DEPARTMENT. 3. WHEN THIS FACTS WERE CONFRONTED TO LD. CIT-DR, H E STATED THAT THE TRIBUNAL CAN TAKE DECISION. 4. IN VIEW OF THE ABOVE, AFTER HEARING BOTH THE SID ES AND GOING THROUGH THE FACTS, WE DISMISS THIS APPEAL AS WITHDRAWN, SUBJECT TO ASS ESSEES RIGHT FOR REVIVAL OF THE APPEAL IN CASE DUE TO SOME UNFORESEEN REASONS, THE MATTER IS NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. THE ASSESSEE IS AT LIB ERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL IN THAT EVENT. THIS I SSUE IS SETTLED BY HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) VS. ACIT (TCA NO. 372 OF 2920, ORDER DATED 16.10.2020) WHEREIN ON IDENTIC AL CIRCUMSTANCES, THE ASSESSEES APPEAL WAS DISMISSED AS WITHDRAWN. RESPE CTFULLY FOLLOWING THE HONBLE MADRASH HIGH COURT IN THE CASE OF M/S NANNU SAMY MOHAN (HUF) VS. ACIT (SUPRA), WE DISMISSED THE APPEAL OF THE ASSESS EE AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12.01.20 21 SD/- SD/- MANOJ KUMAR AGGARWAL (MAHAVIR SINGH) (ACCOUNTANT MEMBER) (VICE PRESIDENT) MUMBAI, DATED: 12.01.2021 SK.PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT PAGE | 3 ITA NO. 42 MUM 2019-M/S SHILPA JEWELLERS PVT. LTD. 2. / THE RESPONDENT. 3. ) ( / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. ' / GUARD FILE. BY ORDER, //TRUE COPY// (ASSTT.REGISTRAR) ITAT, MUMBAI