SHRI. MAHESH GUPTA , Mumbai V. DCIT 29(2), Mumbai

ITA 4705/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3057 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 12-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4705 / / 2019 (%. 2013-14 ) ITA NO.4705/MUM/2019(A.Y 2013-14) SHRI MAHESH GUPTA, 7A, MODEL TOWN, BAL RAJESHWAR ROAD, MULUND (W), MUMBAI 400 080 PAN-ABOPG4133F ...... ' / APPELLANT % VS. DCIT-29(2), KAUTUILYA BHAVAN, C-41 TO 43, G-BLOCK, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 ..... ()/ RESPONDENT '*/ APPELLANT BY : NONE ()*/ RESPONDENT BY : SHRI SANJAY J. SETHI %+) / DATE OF HEARING : 03/06/2021 ,-. +) / DATE OF PRONOUNCEMENT : 03/06/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -40, MUMBAI [IN SHORT THE CIT (A)] DATED 07/05/2019 FOR THE ASSESSMENT YEAR 2013-14. 2. A LETTER DATED 03/03/2021 HAS BEEN RECEIVED FR OM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR 'VIWAD SE VISHWAS SCHEME , 2020'( IN SHORT 'VSVS') AND HENCE, WANT TO WITHDRAW THE APPEAL. IN SUBSEQUENT COMMUNICATION (THROUGH E-MAIL) 2 ITA NO.4705/MUM/2019(A.Y 2013-14) DATED 01/06/2021 THE ASSESSEE HAS HIGHLIGHTED THAT DECLARATION UNDER VSVS HAS BEEN FILED, BUT FORM -3 HAS NOT BEEN ISSUED SO FAR. 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL T HE BENEFIT OF VSVS'. 4. IN VIEW OF THE FACT THAT ASSESSEE HAS OPTED FOR VSVS AND HAS ALREADY FILED DECLARATION, THE APPEAL BY ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE TH E APPEAL IN THE EVENT DECLARATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEE'S DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPL ICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICAT ION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO. 372 OF 2020 DECIDED ON 16/10/2020 BY HON'BLE MADRAS HIGH COURT] 6. IN THE RESULT, APPEAL BY ASSESSEE IS DIS MISSED, WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, T HE 3 RD DAY OF JUNE, 2021 SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 0%/ DATED 03/06/2021 VM , SR. PS (O/S) 3 ITA NO.4705/MUM/2019(A.Y 2013-14) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 1) ( )/ THE CIT(A)- 4. 1) CIT 5. 23()% , . . . , / DR, ITAT, MUMBAI 6. 34567 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI