SANJAY P AGARWAL, MUMBAI V. ITO-19(3)(4), MUMBAI

ITA 4234/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1039 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 14-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI LD
• Assessee Lawyers: SHYAM SABOOLD
• Keywords: Condonation of delay

Judgement Text

ITA NO.4234 /MUM/2019 SANJAY P. AGARWAL HUF ASSESSMENT YEAR: 2007-08 1 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , , BEFORE HONBLE SHRI AMARJIT SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.4234/MUM/2019 ( / ASSESSMENT YEAR: 2007-08) SANJAY P. AGARWAL HUF 601, NEW SONAR BALA SOCIETY TURNER ROAD, BANDRA (W) MUMBAI-400 050. / VS. INCOME TAX OFFICER - 19(3)(4) PIRAMAL CHAMBER, LALBAUG MUMBAI-400 012. '# ./ ./PAN/GIR NO. AABHA -3842- D ( ! #% /APPELLANT ) : ( &'#% / RESPONDENT ) ASSESSEE BY : SHRI SHYAM SABOO-LD. AR REVENUE BY : SHRI SANJAY J. SETHI-LD. DR / DATE OF HEARING : 21/12/2020 / DATE OF PRONOUNCEMENT : 21/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE CONTESTS THE ORDER OF LEARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. 2. THE LD. AR FOR ASSESSEE, AT THE OUTSET, SUBMITTE D THAT THE ASSESSEE HAS ALREADY OPTED FOR VIVAD SE VISHWAS SCHEME (VVS SCHEME) AND FILED REQUISITE DECLARATION ON 11/12/2020 AND T HEREFORE, THE APPEAL IS NOT BEING PRESSED. THE LD. DR DID NOT OBJ ECT TO THE SAME. ITA NO.4234 /MUM/2019 SANJAY P. AGARWAL HUF ASSESSMENT YEAR: 2007-08 2 3. KEEPING IN VIEW THE AFORESAID SUBMISSIONS AND IN TERMS OF DECISION OF HONBLE MADRAS HIGH COURT IN M/S NANNUSAMY MOHAN (HUF) V/S ACIT (TCA NO. 372 OF 2020) DATED 16/10/2020, THE BENCH DEEM IT FIT TO DISMISS THE APPEAL. ACCORDINGLY, GOING BY THE SAID DECISION, SINCE THE ASSESSEE IS OPTING FOR VVS SCHEME, THE APPEAL STAND DISMISSED. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO SEEK REST ORATION OF THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON T HE DECLARATION FILED BY THE ASSESSEE U/S 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IS NOT IN FAVOR OF THE ASSESSEE. IF SUCH PRAYER IS MADE, T HE REGISTRY SHALL ENTERTAIN THE PRAYER FORTHWITH WITHOUT INSISTING UP ON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF TH E APPEAL AND ON SUCH REQUEST BEING MADE BY THE ASSESSEE BY FILING A MISC ELLANEOUS APPLICATION FOR RESTORATION, THE REGISTRY SHALL PLA CE SUCH PETITION BEFORE THE BENCH FOR ORDERS. 4. IN VIEW OF THE FOREGOING, THE APPEAL STANDS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST DECEMBER, 2020 SD/- SD/- (AMARJIT SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/12/2020 S R.PS, JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. ! #% / THE APPELLANT 2. &'#% / THE RESPONDENT ITA NO.4234 /MUM/2019 SANJAY P. AGARWAL HUF ASSESSMENT YEAR: 2007-08 3 3. - ( ! ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./ &0 , ! 0 , / DR, ITAT, MUMBAI 6. /123 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.