D KETAN & CO., Mumbai V. ASST. CIT 32(1), Mumbai

ITA 4871/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4961 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 22-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 2

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 4871 / /201 9 ((. . 2011-12 ) ITA NO.4871/MUM/2019(A.Y.2011-12) D KETAN & CO. H 304, OLD ASHOK NAGAR, 179 LT ROAD, VAZIRA NAKA, BORIVALII (W), MUMBAI 400 092 PAN: AADFD 2513L ...... * / APPELLANT ( VS. THE ASSTT. COMMISSIONER OF INCOME TAX-32(1), MUMBAI 400 051 ..... +,/ RESPONDENT *-/ APPELLANT BY : NONE +,-/ RESPONDENT BY : MS. SMITA VERMA (., / DATE OF HEARING : 05 /04/2021 /01 ., / DATE OF PRONOUNCEMENT : 05/04/2021 / ORDER PER VIKAS AWASTHY, J.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-44, MUMBAI (IN SHORT THE CIT( A)) DATED 28/05/2019 FOR THE ASSESSMENT YEARS 2011-12. 2. A LETTER DATED 28/01/2021 HAS BEEN RECEIVED FROM THE CHARTERED ACCOUNTANTS OF THE ASSESSEE STATING THAT THE ASSESS EE HAS OPTED FOR VIWAD SE 2 . 4871 / /201 9 ((. .2011-12 ) ITA NO.4871/MUM/2019 (A.Y.2011-12) VISHWAS SCHEME, 2020( IN SHORT VSVS). THE DECLAR ATION HAS ALREADY BEEN FILED UNDER VSVS AND FORM-3 HAS BEEN RECEIVED. HOWEVER, T HERE SEEMS TO BE SOME DISCREPANCY IN THE SAID FORM WHICH THE ASSESSEE IS TRYING TO RESOLVE. 3. MS. SMITA VERMA REPRESENTING THE DEPARTMENT STAT ED 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 OPTED FOR VSVS AND HAS ALREADY FILED DECLARATION, AND HAS RECEIVED FORM 3 ALBEIT WITH SO ME DISCREPANCY, THE APPEAL BY ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE APP EAL IN THE EVENT THE ALLEGED DISCREPANCY IN FORM 3 IS NOT RESOLVED AND THE ASSES SEE WISHES TO OPT OUT OF THE SCHEME OR THE DECLARATION FILED BY THE ASSESSEE UND ER VSVS FAILS TO MATURE FOR ANY REASON WHATSOEVER. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 05 TH DAY OF APRIL, 2021 SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3(/ DATED: 05/04/2021 VM , SR. PS (O/S) 3 . 4871 / /201 9 ((. .2011-12 ) ITA NO.4871/MUM/2019 (A.Y.2011-12) 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