SHRI ABHISHEK BANSAL, MUMBAI V. ACIT, CIRCLE-27(1), MUMBAI

ITA 4765/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8336 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 16-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 271B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) AN D SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4765/MUM/2019 ASSESSMENT YEAR: 2015-16 SHRI ABHISHEK BANSAL, A/407 SHETH HEIGHTS, MAHUL ROAD, CHEMBUR, MUMBAI-400071. VS. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 27(1), VASHI RAILWAY STATION BUILDING TOWER NO. 6, 4 TH FLOOR, VASHI NAVI MUMBAI-400703. PAN NO. BCAPB 0726 M APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. BRAJENDRA KUMAR, DR DATE OF HEARING : 14/01/2021 DATE OF PRONOUNCEMENT : 14/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2015-16. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-25, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE PENALTY LEVIED U/S 271B THE INCOME TAX ACT 1961, (T HE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT HAS FILED A LE TTER DATED 22.12.2020 STATING THAT THE ASSESSEE HAS OPTED FOR VIVAD SE VI SHWAS SCHEME AND ACCORDINGLY HAS RECEIVED FORM 5 (ORDER FOR FULL AND FINAL SETTLEMENT) FROM THE COMMISSIONER OF INCOME TAX. ITA NO. 4765/M/2019 SHRI ABHISHEK BANSAL 2 WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTAL REPRESENTATIVE (DR) THE ABOVE SUBMISSIONS OF THE APPELLANT. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE SUBMISSIONS DATED 22.12.2020 OF THE LD. COUNSEL FOR THE APPELLANT AND KEEPING IN VIEW THE DECISION OF T HE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO D ISMISS THIS APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSES SEE TO SEEK THE RESTORATION OF THIS APPEAL IN THE EVENT THE DECLARA TION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE SEEKS RESTORAT ION OF THIS APPEAL BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD B E CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATI ON OF DELAY. ITA NO. 4765/M/2019 SHRI ABHISHEK BANSAL 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 14/01/2021. SD/- SD/- ( PAVAN KUMAR GADALE ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 14/01/2021 RAHUL SHARMA, SR. P.S. 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./ASSISTANT REGISTRAR) ITAT, MUMBAI