ARIHANT UNIVERSAL REALTY PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-01, THANE, MUMBAI

ITA 4342/MUM/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4744 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 12-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJEEV HARIT
• Keywords: Competent authority

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI PAVANKUMAR GADALE ( JM) I.T.A. NO. 4342/MUM/2017 (ASSESSMENT YEAR 2009-10) M/S. ARIHANT UNIVERSAL REALTY PVT. LTD. 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR-17 VASHI, NAVI MUMBAI-703. PAN : AAFCA8671B VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) I.T.A. NO. 4344/MUM/2017 (ASSESSMENT YEAR 2011-12) M/S. ARIHANT CONSTRUCTION 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR-17 VASHI, NAVI MUMBAI PINCOD : 400 703. PAN : AANFA3580C VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE ( APPELLANT ) ( RESPONDENT ) I.T.A. NO. 23/MUM/2018 (ASSESSMENT YEAR 2011-12) M/S. ARIHANT AKSH REALTY LLP 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR-17 VASHI, NAVI MUMBAI PINCODE : 400 703. PAN : AAQFA2879P VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE ( APPELLANT ) ( RESPONDENT ) I.T.A. NO. 24/MUM/2018 (ASSESSMENT YEAR 2011-12) M/S. ARIHANT ENTERPRISES 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR - 17 VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM M/S. ARIHANT UNIVERSAL REALTY PVT. LTD. & OTHERS 2 VASHI, NAVI MUMBAI PINCODE : 400 703. PAN : AFFA8639J NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) I.T.A. NO. 25/MUM/2018 (ASSESSMENT YEAR 2011-12) M/S. ARIHANT BUILDERS 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR-17 VASHI, NAVI MUMBAI PINCODE :400 703. PAN : AAQFM0521Q VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) I.T.A. NO. 26/MUM/2018 (ASSESSMENT YEAR 2011-12) ASHOK B. CHHAJER 302, PERSIPOLIS BUILDING PLOT NO. 74, SECTOR-17 VASHI, NAVI MUMBAI PINCODE : 400 703. PAN : AAAPC8632L VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) I.T.A. NO. 4336/MUM/2017 (ASSESSMENT YEAR 2009-10) M/S. ADESHWER ENTERPRISES 66-67, MAHAVIR CENTRE SECTOR-17, VASHI NAVI MUMBAI-400 703. PAN : AAMFA9678C VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) M/S. ARIHANT UNIVERSAL REALTY PVT. LTD. & OTHERS 3 I.T.A. NO. 4337/MUM/2017 (ASSESSMENT YEAR 2010-11) M/S. ADESHWER ENTERPRISES 66-67, MAHAVIR CENTRE SECTOR-17, VASHI NAVI MUMBAI-400 703. PAN : AAMFA9678C VS. DCIT-CC-01 ASHAR I.T. PARK 6 TH FLOOR, ROOM NO. 10, A-WING ROAD NO. 16-Z WAGLE INDUSTRIAL ESTATE, THANE (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI PRATEEK JAIN DEPARTMENT BY SHRI RAJEEV HARIT DATE OF HEARING 04 . 02 . 20 2 1 DATE OF PRONOUNCEMENT 04.02.2021 O R D E R PER BENCH :- THESE APPEALS BY DIFFERENT ASSESSEES ARE DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) FOR RE SPECTIVE ASSESSMENT YEARS. 2. AT THE OUTSET, IN THESE CASES LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT ASSESSEES HAVE OPTED FOR SOLUTION OF DISPUTE U NDER THE VIVAD SE VISHWAS SCHEME. 3. WE NOTE THAT IN A SIMILAR SITUATION, HON'BLE MAD RAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS . ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER :- 3. THE LEARNED COUNSEL FOR THE APPELLANT/ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE APPELLANT/ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THI S REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION/DECLARATION IN FOR M NO. I. 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE TH E SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELOPMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIR ECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) TO PROVIDE FOR RESO LUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE M/S. ARIHANT UNIVERSAL REALTY PVT. LTD. & OTHERS 4 PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN G IVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFF ERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL O R BEFORE THE HIGH COURT OR BEFORE THE HON'BLE SUPREME COURT OF INDIA. UNDER S ECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3, WHERE A DECLARANT MEANS A PERSON, WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANC E WITH THE PROVISIONS OF SECTION 4 IN RESPECT OF TAX ARREARS, THEN, NOTWITHSTAN DING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BE ING IN FORCE, THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERM S OF SECTION 3(A-C) THEREUNDER. 6. THE FIRST PROVISO TO SECTION 3 STATES THAT IN CASE, W HERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY T HE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM, THE AMOUNT PAYAB LE SHALL BE ONE-HALF OF THE AMOUNT IN THE TABLE STIPULATED IN SECTION 3 CALCUL ATED ON SUCH ISSUE, IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROV ISO DEALS WITH THE CASES, WHERE THE MATTER IS BEFORE THE COMMISSIONER ( APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS W ITH CASES, WHERE THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTI CULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4, SE CTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERTAIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES, WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RE STORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATI ON TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAV OUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN TH E PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDO NATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY TH E ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY S HALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/A SSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/DECLARATION IN ACCORDANCE WITH THE ACT A ND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ACCORDINGLY, RESPECTFULLY FOLLOWING THE ABOVE AND N OTING THE FACT THAT THE ASSESSEES ARE BEING OPTING FOR RESOLUTION OF DISPUT E UNDER VSVS SCHEME IN THE PRESENT CASES, WE TREAT THESE APPEALS BEING DISPOSE D OFF AS WITHDRAWN. M/S. ARIHANT UNIVERSAL REALTY PVT. LTD. & OTHERS 5 4. THE ASSESSEES ARE GIVEN LIBERTY FOR RESTORATION OF APPEALS IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COURT ORDER AS ABOVE. 5. IN THE RESULT, THESE APPEALS BY THE ASSESSEES AR E DISPOSED OF BY TREATING THE SAME AS WITHDRAWN. ORDER PRONOUNCED UNDER RULE 34(4) OF THE ITAT RULE S BY PLACING THE RESULT ON NOTICE BOARD ON 4.2.2021. SD/- SD/- (PAVANKUMAR GADALE) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 04/02/2021 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT, MUMBAI