SAROJ RAMESH JHAVERI, MUMBAI V. ITO 19(3)(2), MUMBAI

ITA 4365/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3535 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 25-06-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Keywords: Question of law; Competent authority; Condonation of delay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , SMC BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 4365 /MUM/ 20 19 ( ASSESSMENT YEAR : 201 3 - 14 ) SMT. SAROJ RAMESH JHAVERI 48, RAGHAVEWADI FRENCH BRIDGE, HUGHES ROAD CHOWPATTY MUMBAI 400 007 VS. ITO19(3)(2) ROOM NO.219, MATRU MANDIR TARDEO ROAD MUMBAI 400 007 PAN/GIR NO. AAEPJ7401J (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI VIMAL PUNMIYA REVENUE BY SHRI SANJAY SETHI DATE OF HEARING 18 / 02 /202 1 DATE OF PRONOUNCEMENT 18 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 4365/MUM/2019 FOR A.Y. 2013 - 14 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 6, MUMBAI IN APPEAL NO. CI T(A) - 6/IT - 164/721/2017 - 18 DATED 06/05/2019 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED 22/03/2016 BY THE LD. INCOME TAX OFFICER 19(3)(2), MUMBAI (HEREINAFTER R EFERRED TO AS LD. AO). ITA NO . 4365/MUM/2019 SMT. SAROJ RAMESH JHAVERI 2 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE SHRI VIMAL PUNMIYA SUBMITTED THAT ASSESSEE HAD PREFERRED AN APPLICATION FILED IN FORM NO.1 & 2 UNDER DIRECT TAX VIVAD SE VISHWAS SCHEME - 2020 TO SETTLE THE DISPUTE ARISING OUT OF TH IS CASE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT ASSESSEE HAD ALREADY AVAILED VIVAD SE VISWAS SCHEME 2020 AND FILED NECESSARY DECLARATION . WE FIND THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEF ORE US IN VIEW OF THE DECISION OF HON'BLE HIGH COURT OF MADRAS IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN HON'BLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVA D SE VISWAS SCHEME - 2020 (VSV SCHEME) , HAD DISMISSED THE APPEAL BY OBSERVING 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 T HE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT 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 MISCELLANEOUS 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 B EFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL 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. 9. WITH THIS DECLARATION, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. ITA NO . 4365/MUM/2019 SMT. SAROJ RAMESH JHAVERI 3 2 . IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH CO URT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DEC LARATION TO BE FILED IS NOT ACCEPTED BY THE 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. 3 . IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS THIS APPEAL OF ASSESSEE WITH A LIBERTY TO GET THE APPEAL RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION (TO BE FILED) NOT GETTING ACCEPTED BY THE REVENUE. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 18 / 02 /202 1 . SD/ - ( PAV AN KUMAR GADALE ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 18 / 02 / 2 021 KARUNA , SR.PS ITA NO . 4365/MUM/2019 SMT. SAROJ RAMESH JHAVERI 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//