M/S SAINI ELECTRONICS SECURITY SECURITY SYSTEMS, Mumbai V. ACIT-26(3), Mumbai

ITA 4873/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3630 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 22-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Section: 271(1)(c); 201; 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 4873 /MUM./2019 ( ASSESSMENT YEAR : 20 09 10 ) M/S. SAINI ELECTRONICS SECURITY SYSTEMS A 6, NARAYAN PLAZA, CHANDIVALI NEAR HDFC BANK, SAKINAKA MUMBAI 400072 P AN ABAFS0771M . APPELLANT V/S ASSTT . COMMISSIONER OF INCOME TAX CIRCLE 26 (3), MUMBAI . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI VIJAY KUMAR MENON DATE OF HEARING 22 .0 2 .202 1 DATE OF ORDER 9.03.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 30 TH NOVEMBER 201 8 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 38 , MUMBAI, CONFIRMING PENALTY ` 86,000, IMPOSED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT') BY THE ASSESSING OFFICER PERTAINING TO THE ASSESSMENT YEAR 20 0 9 10 . 2 M/S. SAINI ELECTRONICS SECURITY SYSTEMS 2. WHEN THE CASE WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORISED RE PRESENTATIVES APPEARED BEFORE US TO REPRESENT THE CASE. THERE IS NO APPLICATION FOR ADJOURNMENT EITHER. CONSEQUENTLY, WE PROCEED TO DISPOSE OFF THE APPEAL AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE AND ON THE BASIS OF MATERIAL AVAILABLE ON RECOR D. 2. DURING THE COURSE OF HEARING, WE FIND THAT T HE ASSESSEE HAS FILED A LETTER DATED 5 TH FEBRUARY 2021, BEFORE THE REGISTRY OF THE TRIBUNAL SEEKING ADJOURNMENT IN HEARING OF THE APPEAL IN VIEW OF THE FACT THAT THE ASSESSEE HAS APPLIED FOR SETTLING THE TAX DISPUTE UNDER THE VIVAD SE VISHWAS TAX SCHEME, 2020. THE LETTER SUBMITTED BY THE ASSESSEE IS ACCOMPANIED BY THE ACKNOWLEDGEMENT IN FORM 1 AND 2 OF THE DECLARATION FILED UNDER THE AFORESAID SCHEME. THE AFORESAID LETTER AND THE DECLARATIONS ARE KEPT ON RECORD. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS EXPRESSED NO OBJECTION TO THE CONTENTS OF THE LETTER FILED BY THE ASSESSEE. 4. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT ADJOURNMENT OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT NO PURPOSE W OULD BE SERVED IN KEEPING THE MATTER ALIVE WHEN THE ASSESSEE HAS ALREADY APPROACHED REVENUE AUTHORITIES FOR SETTLING THE 3 M/S. SAINI ELECTRONICS SECURITY SYSTEMS DISPUTE UNDER VSVS 2020 AN D THUS THE ASSESSEES APPEAL IS LIABLE TO BE DISMISSED. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPARTMENT. IT IS FURTHER MAD E CLEAR THAT IN SUCH EVENTUALITY IF THE ASSESSEE SEEKS RESTORATION OF THE PRESENT APPEAL BY FILING MISC. APPLICATION, THE DELAY, IF ANY, SHOULD BE CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. 5. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9.03.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 9.03.2021 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI