M/S AAP REALTORS LTD., Mumbai V. DCIT CC 4 (2), Mumbai

ITA 4854/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4958 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 19-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: APEKSHA GALA

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4854 / /201 9 ((. . 2012-13 ) ITA NO.4854/MUM/2019 (A.Y.2012-13) . 4856 / /201 9 ((. . 2014-15 ) ITA NO.4856/MUM/2019 (A.Y.2014-15) M/S. AAP REALTORS, CTS B-622, OPP. S H KELKARAND CO. BALREJESHWAR ROAD, MULUND (W), MUMBAI 400 080 PAN:AAHCA 0540M ...... * / APPELLANT ( VS. DCIT-CC-4(2), ROOM NO.1918, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400 021. ..... +,/ RESPONDENT *-/ APPELLANT BY : MS. APEKSHA GALA +,-/ RESPONDENT BY : MS. SMITA VERMA (., / DATE OF HEARING : 05/04/2021 /01 ., / DATE OF PRONOUNCEMENT : 05/04/2021 / ORDER PER VIKAS AWASTHY, J.M: THESE APPEALS BY THE ASSESSEE ARE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-52, MUMBAI (IN SHORT THE CIT(A)) FO R ASSESSMENT YEARS 2012-13 AND 2014-15, RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE IE. 26/4/2019. 2 ITA NO.4854/MUM/2019 (A.Y.2012-13) ITA NO.4856/MUM/2019(A.Y.2014-15) 2. MS. APEKSHA GALA APPEARING ON BEHALF OF THE ASSE SSEE STATED AT BAR THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 20 20( IN SHORT VSVS). THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE APPEALS A T THIS STAGE WITH LIBERTY TO REVIVE THE APPEALS IN CASE DECLARATION UNDER VSVS I S NOT ACCEPTED. 3. MS. SMITA VERMA REPRESENTING THE DEPARTMENT STAT ED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO AVAIL THE BENE FIT OF VSVS. 4. IN VIEW OF THE STATEMENT MADE BY LD. AUTHORISED REPRESENTATIVE OF THE ASSESSEE, BOTH THE APPEALS BY ASSESSEE ARE DISMISSE D AS WITHDRAWN AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL(S) IN THE EVENT DECLARATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO REST ORE THE APPEAL(S) IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEP TED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS 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. ACIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ]. 6. IN THE RESULT, BOTH APPEALS BY THE ASSESSEE ARE DISMISSED, WITH LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 0 5 TH DAY OF APRIL, 2021. SD./ - (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3(/ DATED: 05/04/2021 VM , SR. PS (O/S) 3 ITA NO.4854/MUM/2019 (A.Y.2012-13) ITA NO.4856/MUM/2019(A.Y.2014-15) COPY OF THE ORDER FORWARDED TO : 1. * / THE APPELLANT , 2. +, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56+,( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI