ITO WARD 2 (2) , Thane V. SHRI. SHRIRAM CHHABIRAJ YADAV, Thane

ITA 4618/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3773 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 08-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: NIMESH CHATHANI
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 4618 /MUM./2019 ( ASSESSMENT YEAR : 20 1 1 1 2 ) INCOME TAX OFFICER WARD 2(2), THANE . APPELLANT V/S SHRI SHRIRAM CHHABIRAJ YADAV 7, JAS INDUSTRIAL ESTATE B.P. ROAD, GODDEV NAKA BHAYANDER (E), THANE 401 105 PAN AALPY4166E . RESPONDENT REVENUE BY : SHRI VIJAY KUMAR MENON ASSESSEE BY : NIMESH CHATHANI DATE OF HEARING 1 1 .0 2 .202 1 DATE OF ORDER 22.02.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 25 TH APRIL 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) 1 , THANE , DELETING PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) IMPOSED BY THE ASSESSING OFFICER PERTAINING TO THE ASSESSMENT YEAR 20 1 1 1 2 . 2. DURING THE COURSE OF HEARING, WHILE PERUSING THE MATERIAL BEFORE US, WE FIND THAT T HE ASSESSEE H AS FILED A PAPER BOOK ACCOMPANIED BY 2 SHRI SHRIRAM CHHABIRAJ YADAV THE ACKNOWLEDGEMENT IN FORM I AND II OF THE DECLARATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME, 2020 , IN VIEW OF THE FACT THAT THE ASSESSEE HAS APPLIED FOR SETTLEMENT OF TAX DISPUTE UNDER THE SCHEME AND SOUGHT ADJOURNMENT TILL FINAL DISPOSAL OF TAX SETTLEMENT UNDER THE SCHEME . A COPY OF SUCH DECLARATION IS PLACED ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION FOR WITHDRAWAL OF THE APPEAL BY THE ASSESSEE. 4. HEARD THE LEARNED COUNSEL APPEARIN G FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT ADJOURNMENT IN HEARING OF THE PRESENT APPEAL, AS THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE O PINION THAT THERE IS NO NECESSITY OF KEEPING THIS MATTER ALIVE SINCE THE ASSESSEE HAS ALREADY APPLIED FOR SETTLEMENT OF DISPUTE UNDER THE SCHEME. CONSEQUENTLY, THE APPEAL FILED BY THE REVENUE IS LIABLE TO THE DISMISSED AS SUCH. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. THIS IS IN VIEW OF 3 SHRI SHRIRAM CHHABIRAJ YADAV THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16 TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT, TCA NO.372 OF 2020. WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.02.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN JUDICIAL MEMBER MUMBAI, DATED: 22.02.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI