M.S RAMESH RAJMAL JAIN, Mumbai V. ITO WARD 19 (3)(1), Mumbai

ITA 4615/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6325 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 08-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! .#$% , ( ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER. . 4615 / / 2019 (. .2011-12 ) ITA NO. 4615/MUM/2019 (A.Y.2011-12) M/S.RAMESH RAJMAL JAIN, 97/99, MARUTI MANDIR MARG, 1 ST FLOOR, SHIV VILAS BLDG., 5 TH KUMBHARWADA, MUMBAI 400 004 PAN:AACPJ5480F / VS. : / APPELLANT ITO- 19(3)(1), MATRU MANDIR, GRANT ROAD, MUMBAI 400 007 : / RESPONDENT ASSESSEE BY : SHRI RUSHABH MEHTA REVENUE BY : SHRI SANJAY J. SETHI / DATE OF HEARING : 13/01/2021 / DATE OF PRONOUNCEMENT : 13/01/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-4, MUMBAI ( IN SHORT THE CIT( A)) DATED 10/05/2019 FOR THE ASSESSMENT YEAR 2011-12. 2. SHRI RUSHABH MEHTA, APPEARING ON BEHALF OF THE A SSESSEE MADE A STATEMENT THAT ASSESSEE HAS FILED DECLARATION UNDER VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). THE ASSESSEE IS YET TO RECEIVE ACCEPTANCE OF DECLARATION IN FORM 3. THE 2 ITA NO. 4615/MUM/2019 (A.Y.20111-12) ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, HENCE, MAY BE PERMITTED TO WITHDRAW THE APPEAL AT THIS STAGE WITH LIBERTY TO REVIVE THE APPEAL IN CASE DECLARATION MADE UNDER VSVS IS NOT ACCEPTED. 3. SHRI SANJAY J. SETHI, REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW THE APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF ABOVE STATEMENT MADE BY LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE, APPEAL OF THE ASSESSEE IS DISMISSED AS WI THDRAWN AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIEW THE APPEAL IN THE EVENT APPLICATION 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 ] 6. THE APPEAL IS DISMISSED AS WITHDRAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDA Y, THE 13 TH DAY OF JANUARY, 2021. SD/- SD/- S.RIFAUR RAHMAN (VIKAS AWASTHY) ( / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, -'/ DATED: 13/01/2021 VM , SR. PS(O/S) 3 ITA NO. 4615/MUM/2019 (A.Y.20111-12) COPY OF THE ORDER FORWARDED TO : 1. . / THE APPELLANT , 2. /0 / THE RESPONDENT. 3. 10 ( )/ THE CIT(A)- 4. 10 CIT 5. 23/0' , . . . , / DR, ITAT, MUMBAI 6. 345$6 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI