SHRI. PRAVIN FUTARMAL JAIN, Mumbai V. ITO 18(2)(5), Mumbai

ITA 4540/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8383 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 04-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4540 / / 2019 (%. .2010-11 ) ITA NO. 4540/MUM/2019 (A.Y.2010-11) SHRI PRAVIN FUTARMAL JAIN, OFFICE NO.6, JEWEL CO-OP SOCIETY LTD., 3 RD FLOOR, 44/46, DHANJI STREET, MUMBAI 400 003 PAN:AACPJ 5627L / VS. : / APPELLANT INCOME TAX OFFICER 18(2)(5), EARNEST HOUSE, NCPA MARG, NARIMAN POINT, MUMBAI 400 021 : / RESPONDENT ASSESSEE BY : NONE ( OPTED FOR VSVS) REVENUE BY : SHRI SANJAY SETHI / DATE OF HEARING : 07/01/2021 / DATE OF PRONOUNCEMENT : 07/01/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-53, MUMBAI ( IN SHORT THE CIT (A)) DATED 05/04/2019 FOR THE ASSESSMENT YEAR 2010-11. 2. THE ASSESSEE HAS FILED A LETTER DATED 06/01/2 021 STATING THAT HE IS CONSIDERING TO OPT FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). THE RELEVANT EXTRACTS OF THE LETTER IS REPRODUCED HEREI N BELOW: 2 ITA NO. 4540/MUM/2019 (A.Y.2010-11) HON'BLE SIR RE : SHRI PRAVIN F JAIN PAN : AACPJ5627L A.Y : 2010-2011 APPEAL NO : ITA/4540/MUM/2Q19 DOH : 07.01.2020 WITH REFERENCE TO HEARING FIXED ON 07.01.2020 IN TH E ABOVE APPEAL, I SUBMIT THAT I AM CONSIDERING ALL THE ASPECTS OF AVAILING SCHEME OF 'VIVAD SE VISHWA S' ANNOUNCED BY HON'BLE FINANCE MINISTER OF INDIA. FURTHER I HAVE CONTACTED MY CHARTERED ACCOUNTANT WH O IS HANDLING THIS MATTER, WHO INFORMED ME THAT HE IS PRE OCCUPIED WITH TAX AUDIT MATTER AND FILING OF INCOME TAX RETURNS FOR WHICH DUE DATE IS EXTENDED TO 15 TH JANUARY, 2021. UNDER THESE CIRCUMSTANCES I SHALL BE HIGHLY OBLIGED IF YOUR HONOUR BE KIND AND ADJOURN THE HEARING TO ANY OTHER DATE IN THE LAST WEEK OF JANUARY, 2021. INCONVENIENCE CAUSED TO YOUR HONOUR IS HIGHLY REGRE TTED. THANKING YOU, YOURS FAITHFULLY, SD/- (SHRI PRAVIN F JAIN) ' 3. SHRI SANJAY SETHI, REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE IS OPTING FOR VSVS, THE APPEAL OF THE ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL IN THE EVENT DECLARATION 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 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 ] 3 ITA NO. 4540/MUM/2019 (A.Y.2010-11) 6. THE APPEAL OF ASSESSEE IS DISMISSED WITH TH E LIBERTY AFORESAID ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 07/01/2021 VM , SR. PS(O/S) 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