ANTRA JEWELS, Mumbai V. ITO 19 (1)(1), Mumbai

ITA 4482/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8373 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 01-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4482 / / 2019 (%. .2009-10 ) ITA NO. 4482/MUM/2019 (A.Y.2009-10) . 4483 / / 2019 (%. .2010-11 ) ITA NO. 4483/MUM/2019 (A.Y.2010-11) ANTRA JEWELS, 105, PANCHRATNA, OPERA HOUSE, MUMBAI 400 004 PAN:AAJFA7938G / VS. : / APPELLANT ITO WARD -19(1)(1), MATRU MANDIR,GRANT ROAD, MUMBAI 400 007 : / RESPONDENT ASSESSEE BY : NONE ( OPTED FOR VSVS) REVENUE BY : SHRI SANJAY J SETHI / DATE OF HEARING : 05/01/2021 / DATE OF PRONOUNCEMENT : 05/01/2021 / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-7, MUMBAI ( IN SHORT THE C IT(A)) FOR THE ASSESSMENT YEARS 2009-10 DATED 24/05/2019 AND ASSESSMENT YEAR 2010- 11 DATED 28/05/2019, RESPECTIVELY. 2. THE ASSESSEE HAS FILED A LETTER DATED 05/ 01/2021 INTIMATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AN D HAS 2 ITA NO. 4482/MUM/2019 (A.Y.2009-10) ITA NO. 4483/MUM/2019 (A.Y.2010-11) MADE DECLARATION IN THE PRESCRIBED FORM NO. 1 & 2, HENCE, THE ASSESSEE WANTS TO WITHDRAW THE APPEALS. 3. SHRI SANJAY J SETHI, REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPT ED FOR VSVS, AND WANTS TO WITHDRAW APPEALS, THE APPEALS BY ASSESSEE ARE DIS MISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL(S) IN THE EVENT DECLARATIONS FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE TH E APPEAL(S) IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCEL LANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. AC IT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. BOTH THE APPEALS BY ASSESSEE ARE DISMISSED AS WITHDRAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 05/01/2021 VM , SR. PS(O/S) 3 ITA NO. 4482/MUM/2019 (A.Y.2009-10) ITA NO. 4483/MUM/2019 (A.Y.2010-11) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI