PRIYAM JHAVERI, MUMBAI V. DCIT 2 (2)2(), MUMBAI

ITA 4324/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0435 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 21-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J. SETHILD
• Assessee Lawyers: RAVI CHANGANI L D
• Keywords: Condonation of delay
• Section: 2; 22; 20

Judgement Text

ITA NO. 4 324 /MUM/2019 PRIYAM JHAVERI A SSESSMENT YEAR: 20 15 - 16 1 - IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , , BEFORE HONBLE SHRI AMARJIT SINGH, JM AND HON BLE SHRI MANOJ KUMAR AGGARWAL, AM ( HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO . 4 324 / MUM/ 2019 ( / ASSESSMENT YEAR: 20 15 - 16 ) PRIYAM JHAVERI 6 TH FLOOR, NANAVATI MAHALYA 18, HOMI MODI STREET FORT, MUMBAI - 400 0 0 1 . / V S. DCIT - 2 ( 2 )( 2 ) AAYKAR BHAWAN, MK ROAD MUMBAI - 400 0 20 . ./ ./ PAN/GIR NO. AAA PJ - 7656 - B ( / APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI RAVI CHANGANI - L D. AR REVENUE BY : SHRI SANJAY J. SETHI - L D. DR / DATE OF HEARING : 22 /12/2020 / DATE OF PRONOUNCEMENT : 22 /12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR 2015 - 16 CONTESTS THE ORDER OF LEARNED FIRST APPELLATE A UTHORITY ON CERTAIN GROUNDS OF APPEAL. 2. THE LD. AR FOR ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE ASSESSEE IS OPTING FOR V IVAD SE VISHWAS SCHEME (VVS SCHEME) AND THEREFORE, WISHES TO WITHDRAW THE APPEAL. THE LD. DR DID NOT OBJECT TO THE SAME. 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 ITA NO. 4 324 /MUM/2019 PRIYAM JHAVERI A SSESSMENT YEAR: 20 15 - 16 2 ACIT (TCA NO. 372 OF 2020) DATED 16/10/2020 , THE BENCH DEEM IT FIT TO DISMISS THE APPEAL AS WITHDRAWN . ACCORDINGLY, GOING BY THE SAID DECISION, SINCE THE ASSESSEE IS OPTING FOR VVS SCHEME, THE APPEAL STAND DISMISSED AS WITHDRAWN . HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION FILED BY THE ASSESSE E U/S 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IS NOT IN FAVOR OF THE ASSESSEE. IF SUCH PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER FORTHWITH WITHOUT INSISTING UPON 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 MISCELLANEOUS APPLICATION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE BENCH FOR ORDERS. 4. IN VIEW OF THE FOREGOI NG, THE APPEAL STANDS DISMISSED AS WITHDRAWN. O RD ER PR ONOUNCED IN THE OPEN COURT ON 2 2 ND DECEMBER, 2020 SD/ - SD/ - ( AMARJIT SINGH ) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 2 2 / 12/2020 S R.PS , JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMB AI .