PAM REMEDIES LLP, Mumbai V. CIT (A)-38, Mumbai

ITA 4749/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3602 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 15-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST TH E DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE HONBLE JUSTICE P.P. BHATT, PRESIDENT & BEFORE HONBLE SHRI S. RIFAUR RAHMAN, AM / I .T.A. NO . 4749 /MUM/20 19 ( / ASSESSMENT YEAR: 2013 - 14 ) PAM REMEDIES LLP, 173/A, KA LPATARU RESIDENCY, SION (EAST), MUMBAI - 400022 / VS. CIT (A) 38, ROOM NO. 402, 4 TH FLOOR, EARNEST HOUSE, NCPA MARG, NARIMAN POINT, MUBMAI - 400021 ./ ./ PAN/GIR NO. AAMFP1996L ( / APPELLANT ) .. ( / RESP ONDENT ) / DATE OF HEARING: 19 / 01 /20 21 /DATE OF PRONOUNCEMENT: 17/02/2021 / O R D E R PER S. RIF AUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 11.02.2019 PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS) - 38 , MUMBAI [HEREINAFTER REFERRED TO AS THE LD. CIT (A) ] RELEVANT TO A.Y. 2013 - 14 . 2 . AT THE OUTSET, WHEN THE APPEAL WAS CALLED OUT FOR HEARING, THE L D. COUNSEL OF THE ASSESSEE SUBMITTED THAT S HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (AC T 3 OF 2020). SH E FILED LETTER DATED 18 .01.2021 CONFIRMING TH E RECEIPT OF FORM - 1 & 2 AND PRAYER TO WITHDRAW THE APPEAL. SHE PRAYED THAT ITS RIGHT FOR REVIVAL OF THE APPEAL IS PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. ASSESSEE BY : MS. MITALI GOPANI , AR REVENUE BY: MS. SHREEKALA PARDESHI, DR ITA NO. 4749/ MUM/20 19 PAM REMEDIES LLP 2 3. THE LD. DR DID NO T OBJECT TO COURSE SO SUGGESTED. 4. CONSIDERED THE RIVAL SUBMISSIONS AND MATERIAL PLACED ON RECORD. WE NOTICE THAT L IBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FU RTHER 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 APPLICA TION 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. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HON'BLE MADRAS HIGH COURT] . 5. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF ITS APPEALS. 6. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 17/02/2021 SD / SD/ ( JUSTICE P.P. BHATT ) (S. R IFAUR RAHMAN ) PRESIDENT ACCOUNTANT MEMBER MUMBAI; DATED : 17/02/2021 DHANANJAY ( SR.PS ) ITA NO. 4749/ MUM/20 19 PAM REMEDIES LLP 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6 . / GUARD FILE. / BY ORDER, //TRUE COPY// / /(DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI