SHIV SHAKAR ROV, Mumbai V. ITO WARD 4, Palghar

ITA 4958/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4983 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 29-07-2019
• 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 . 4958 / /201 9 ((. . 2007-08) ITA NO.4958/MUM/2019 (A.Y.2007-08) SHIV SHANKAR ROY, M/S RAMAN S. SHAH & ASSOCIATES A-102, INDER DARSHAN CHSL, NEXT TO JAIN TEMPLE, JAMBLI GULLY BORIVALI(W), MUMBAI -92 PAN: AFWPR 4761A ...... ) / APPELLANT ( VS. INCOME TAX OFFICER, WARD-4, PALGHAR CIRCLE, PALGHAR- BIDCO ROAD PALGHAR, 401504 ..... *+/ RESPONDENT ),/ APPELLANT BY : LETTER DATED 15/3/2021 *+,/ RESPONDENT BY : MS. SMITA VERMA (-+ / DATE OF HEARING : 07 /04/2021 ./0 -+ / DATE OF PRONOUNCEMENT : 07/04/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-3, MUMBAI (IN SHORT THE CIT(A )) DATED 10/05/2019 FOR THE ASSESSMENT YEARS 2007-08. 2 . 4958 / /201 9 ((. . 2007-08) ITA NO.4958/MUM/2019(A.Y.2007-08) 2. A LETTER DATED 15/03/2021 HAS BEEN RECEIVED FROM THE CHARTERED ACCOUNTANTS OF THE ASSESSEE STATING THAT THE ASSESS EE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020(IN SHORT VSVS). THE DECLARA TION HAS ALREADY BEEN FILED UNDER VSVS. 3. MS. SAMITA VERMA REPRESENTING THE DEPARTMENT STA TED 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, THE APPEAL BY ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL 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 RESTO RE THE APPEAL 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.NANNUS AMY 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, APPEAL BY ASSESSEE IS DISMISSED, WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY, TH E 07TH DAY OF APRIL, 2021. SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 2(/ DATED: 07 /04/2021 VM , SR. PS (O/S) 3 . 4958 / /201 9 ((. . 2007-08) ITA NO.4958/MUM/2019(A.Y.2007-08) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. 3+ ( )/ THE CIT(A)- 4. 3+ CIT 5. 56*+( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI