NARESH R MEHTA, MUMBAI V. ITO 19(2)(4), MUMBAI

ITA 4771/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8374 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 07-08-2018
• 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 . 4771 &4772 / / 2018 (%. .2006-07&2007-08 ) ITA NO. 4771 & 4772/MUM/2018 (A.Y.2006-07 & 2007-08 ) NARESH R. MEHTA, C/O.MAHALAXMI METAL CORPORATION, 5, TRIMBAK PARASURAM STREET, 6 TH KUMBHARWADA, GIRGAON, MUMBAI 400 004 PAN: AAOPM2583J / VS. : / APPELLANT ITO 9(2)(4) ROOM NO.220, 2 ND FLOOR, MATRU MANDIR, TARDEO ROAD, MUMBAI 400 007. : / RESPONDENT ASSESSEE BY : NONE ( OPTED FOR VSVS) REVENUE BY : SHRI SUSHIL KUMAR MISHRA / DATE OF HEARING : 31/12/2020 / DATE OF PRONOUNCEMENT : 05/01/2021 / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-52, MUMBAI ( I N SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2006-07 AND 2007-08, RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E. 03/05/2018. 2. THE LD. AUTHORIZED REPRESENTATIVE FOR THE ASSES SEE HAS FILED APPLICATIONS DATED 23-29/12/2020 INTIMATING THAT THE A SSESSEE HAS OPTED FOR VIWAD SE 2 ITA NO. 4771 - 4772/MUM/2019 (A.Y.2006-07 2007-0 8) VISHWAS SCHEME, 2020( IN SHORT VSVS) FOR ASSESS MENT YEAR 2006-07 AND 2007-08. THE ASSESSEE HAS ALREADY FILED DECLARATION IN FORM- 1 AND 2 FOR THE AFORESAID ASSESSMENT YEARS. THE LETTER FOR WITHDRAWAL OF APPE AL FIELD FOR A.Y.2006-07 READS AS UNDER: DEAR SIR, REF: MR. NARESH MEHTA PAN:AAOPM 2583J AND SUB: REQUEST FOR ADJOURNMENT OF APPEAL NO.ITA 477 1 /MUM/2018 FOR A.Y. 2006-07 THE HEARING OF ABOVEMENTIONED APPEAL HAS BEEN FIXED ON 31/12/2020. IN THIS CONNECTION WE HAVE TO INFORM YOU THAT YOUR APPELLANT HAS OPTED UNDER DIRE CT TAX VIVAD SE VISHWAS ACT, 2020. HE HAS FILED THE DECLARATION IN FORM 1 AND 2 AS PROVIDED UNDER R ULE 3 OF THE VIVAD SE VISHWAS RULES 2020. WE ENCLOSE HEREWITH A PHOTOCOPY OF THE SAME FOR YOUR R EADY REFERENCE. SIR, IN VIEW OF THE ABOVE WE ON BEHALF OF APPELLANT HAVE TO REQUEST YOU TO ADJOURN THE HEARING FIXED F OR 31/12/2020 TO A LATER DATE CONVENIENT TO YOU AND OB LIGE. SIR, WE ARE AWAITING A CERTIFICATE IN FORM 3 AS PRO VIDED UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 READ WITH RULES THEREOF FROM THE DESIGNATED AUTHORI TY INTIMATING TO YOUR APPELLANT THE AMOUNT OF TAX PAYABLE BY HIM. WE HAVE TO INFORM YOU THAT YOUR APP ELLANT ON RECEIPT OF CERTIFICATE IN FORM 3 FROM THE DESIGNATED AUTHORITY SHALL WITHDRAW HIS ABOVE APPEA L LYING BEFORE YOU. WE SHALL BE OBLIGED IF OUR REQUEST FOR ADJOURNMENT IS CONSIDERED FAVOURABLY. THANKING YOU, ENCL. AS ABOVE. YOURS FAITHFULLY SD/- PRADEP J. JOSHI & CO. SIMILAR LETTER HAS BEEN FIELD ON BEHALF OF ASSESSEE FOR ASSESSMENT YEAR 2007-08. 3. SHRI SUSHEEL KUMAR MISHRA, REPRESENTING THE D EPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPT ED FOR VSVS, THE APPEALS BY ASSESSEE ARE DISMISSED AS WITHDRAWN. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL(S) 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(S) IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF 3 ITA NO. 4771 - 4772/MUM/2019 (A.Y.2006-07 2007-0 8) 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 APPEALS OF ASSESSEE ARE DISMISSED WITH T HE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 05/01/2021 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI