M/S JAYANTILAL CHAMPALAL JAIN HUF, Mumbai V. ITO WARD 18(1)(5), Mumbai

ITA 4843/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3681 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 19-07-2019
• 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 . 4843 / /2019(). . 2009-10 ) ITA NO.4843/MUM/2019 (A.Y.2009-10) M/S. JAYANTILAL CHAMPALAL JAIN HUF, SNEHA FASHION FABRICS, ROOM NO.13, 1 ST FLOOR, 337, BADAMWADI, KALBADEVI ROAD, MUMBAI 400 002 PAN: AACHJ8275L ...... + / APPELLANT ) VS. INCOME TAX OFFICER, WARD -18(1)(5), ROOM NO.206, 2 ND FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI 400 021 ..... ,-/ RESPONDENT +./ APPELLANT BY : SHRI VIPUL JAIN ,-./ RESPONDENT BY : SHRI SANJAY SETHI )/- / DATE OF HEARING : 31/05/2021 012 /- / DATE OF PRONOUNCEMENT : 31/05/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-53, MUMBAI (IN SHORT THE CIT( A)) DATED 29/5/2019 FOR THE ASSESSMENT YEAR 2009-10. 2. SHRI VIPUL JAIN, LD. AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE SUBMITTED A LETTER DATED 31/05/2021 STATING THAT ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS 2 . 4843 / /2019(). .2009-10 ) ITA NO.4843/MUM/2019 (A.Y.2009-10) SCHEME, 2020( IN SHORT VSVS) AND HENCE, WANT TO WITHDRAW THE APPEAL, WITH A LIBERTY TO REVIVE IN CASE DECLARATION IS NOT ACCEPT ED. 3. SHRI SANJAY SETHI REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEAL TO AVAIL THE BENEFIT OF VSVS. 4. A PERUSAL OF THE LETTER FILED BY THE LD. AUTHOR IZED REPRESENTATIVE FOR THE ASSESSEE SHOWS THAT THE DECLARATION FILED BY ASSESS EE HAS NOT BEEN ACCEPTED BY THE DESIGNATED AUTHORITY SO FAR AND FORM NO.3 IS YET TO BE RECEIVED. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE A PPEAL 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 T HE EVENT ASSESSEES DECLARATION UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICAT ION 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 20 20 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT]. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISS ED AT THIS STAGE WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 3 1 ST DAY OF MAY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 4)/ DATED: 31/05/2021 VM , SR. PS (O/S) 3 . 4843 / /2019(). .2009-10 ) ITA NO.4843/MUM/2019 (A.Y.2009-10) COPY OF THE ORDER FORWARDED TO : 1. + / THE APPELLANT , 2. ,- / THE RESPONDENT. 3. 5- ( )/ THE CIT(A)- 4. 5- CIT 5. 67,-) , . . . , / DR, ITAT, MUMBAI 6. 789:; / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI