DEEPAK SOGANL, MUMBAI V. JT CIT RANGE- 24(1), MUMBAI

ITA 4524/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0054 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 18-07-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KIRAN MEHTA LD
• Section: 201; 12

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE HONBLE SHRI C.N. PRASAD , JM AND HONBL E SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO . 4524 / MUM/ 2018 ( / ASSESSMENT YEAR S : 201 1 - 12 ) DEEPAK SOGANI 704 - A, BEVERLY PARK - 1, DLF CITY - 2 MG ROAD, GURGAON HARYANA 122022 / VS. JCIT - 24 (1) / 30(1) C - 13, PRATYAKSHKAR BHAWAN BANDRA KURLA COMPLES BKC, MUMBAI - 400051 ./ ./ PAN/GIR NO. A MFPS - 5138 - L ( / APPELLANT ) : ( / RESPONDENT ) ASSESSEE BY : SHRI KIRAN MEHTA - LD. AR REVENUE BY : SHRI BHARAT ANDHALE - L D. SR. DR / DATE OF HEARING : 2 9 /12/2020 / DATE OF PRONOUNCEMENT : 29 /12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE F OR ASSESSMENT YEAR 2011 - 1 2 CONTEST THE ORDER OF LE ARNED FIRST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. 2. THE REGISTRY HAS NOTED A DELAY OF 485 DAYS IN FILING OF THE APPEAL, THE CONDONATION OF WHICH HAS BEEN SOUGHT BY THE ASSESSEE VIDE CON DONATION PETITION WHICH IS SUPPORTED BY THE AFFIDAVIT OF TH E ASSESSEE. IT HAS, INTER - ALIA, BEEN SUBMITTED THAT THE ASSESSEE WAS UNDER BONA - FIDE BELIEF THAT NO ORDER WAS PASSED BY L D.CIT(A) AND 2 THE ASSESSEE BECAME AWARE OF THE ORDER ONLY AFTER R ECEIVING THE PENALTY ORDER FOR THE YEAR UNDER CONSIDERATION. THE LD. AR ALSO SUBMITTED THAT THE ASSESSEE HAS DECIDED TO SETTLE THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020 AND THEREFORE, THE APPEAL MAY BE ADMITTED SO THAT THE ASSESSEE MAY AVAIL THE BENEFIT OF THE SAME . T HE LD. DR WHILE OBJECTING TO CONDON ATION OF DELAY SUB MITTED THAT THE REVENUE WOULD NOT HAVE AN Y OBJECTION FOR WITHDRAWAL OF THE APPEAL. 3. UPON CAREFUL CONSIDERATION OF FACTUAL MATRIX, WE ARE INCLINED TO CONDONE THE DELAY IN VIEW OF THE FACT THAT THE ASSESSEE WISHES TO SETTLE THE DISPUTE UNDER VIVAD SE VISHW AS SCHEME, 2020 . ACCOR DINGLY, THE APPEAL IS ADMITTED AND ALLOWED TO BE WITHDRAWN AS PER THE REQUEST OF LD. AR. 4. ACCORDINGLY, THE APPEAL STANDS DISMISSED AS WITHDRAWN WITH A LIBERTY TO ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN CASE THE DECLARATION MA DE BY THE ASSESSEE UNDER THE SCHEME IS NOT ACCEPTED, FOR WHATEVER REASONS. 5. THE APPEAL STANDS DISMISSED AS WITHDRAWN. O RDER PR ONOUNCED ON 2 9 TH DECEMBER, 2020. SD/ - SD/ - ( C.N.PRASAD ) (MAN OJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 2 9 / 12/2020 S R.PS , SUDIP SARKAR 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / T HE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI .