INCOME TAX OFFICE-17(3)(3), MUMBAI V. M/S. SHANTINATH INDUSTRIAL SUPPLIERS, MUMBAI

ITA 5151/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9405 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 06-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NONELETTER DATED

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! ,'# '$ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI N.K.PRADHAN, ACCOUNTANT MEMBER . 5151/ / 2019 (. . 2010-11 ) ITA NO.5151/MUM/2019(A.Y.2010-11) ITO-17(3)(3), ROOM NO.123, 1 ST FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ...... ) / APPELLANT VS. M/S. SHANTINATH INDUSTRIAL SUPPLIERS, ROOM NO.25, 3 RD FLOOR, 96 SHREEJI BHUVAN NAGDEVI CROSS LANE, MASZID BUNDER, MUMBAI 400 003. PAN: AAYFS6273K ..... !*/ RESPONDENT ASSESSEE BY : NONE(LETTER DATED 24/02 /2021) REVENUE BY : SHRI SANJAY J. SETHI +* / DATE OF HEARING : 01/03/2021 ,-. +* / DATE OF PRONOUNCEMENT : 01/03/2021 '/ ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-28, MUMBAI (IN SHORT THE CIT (A) ) DATED 29/05/2019 FOR THE ASSESSMENT YEARS 2010-11. 2 . 5151/ / 2019 (. . 2010-11 ) ITA NO.5151/MUM/2019(A.Y.2010-11) 2. THE AUTHORIZED REPRESENTATIVE FOR THE ASSESSE E HAS FILED A LETTER DATED 24/02/2021 STATING THAT THE ASSESSEE HAS OPTED FO R SETTLEMENT OF THE APPEAL UNDER VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) A ND HAS FILED DECLARATION BEFORE THE CONCERNED AUTHORITY ON 22/12/2020. HOWEVER, THE D ECLARATION FILED IS STILL PENDING FOR ACCEPTANCE. 3. SHRI SANJAY J. SETHI, REPRESENTING THE DEPART MENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO SETTLE T HE APPEAL TO AVAIL THE BENEFIT OF VSVS. 4. SINCE, THE ASSESSEE HAS OPTED FOR AVAILING THE BENEFIT OF VSVS, THE APPEAL FILED BY THE REVENUE HAS BECOME INFRUCTUOUS AND IS THUS, LIABLE TO BE DISMISSED, AS SUCH. 5. LIBERTY IS GRANTED TO THE REVENUE/APPELLANT TO REVIVE THE APPEAL , IF THE ASSESSEE/RESPONDENT FOR ANY REASON WHATSOEVER FAILS TO HONOUR THE COMMITMENT SPECIFIED IN FORM -3 OR THE DECLARATION FIELD UNDER VSVS IS NOT ACCEPTED BY THE CONCERNED AUTHORITY. THE APPEAL BY REVENUE IS DISMISSED AS INFRUCTUOUS, WITH LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 1 ST DAY OF MARCH, 2021. SD/- SD/- (N.K.PRADHAN) (VIKAS AWAST HY) '# / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 0/ DATED 01/03/2021 VM , SR. PS (O/S) 3 . 5151/ / 2019 (. . 2010-11 ) ITA NO.5151/MUM/2019(A.Y.2010-11) !*12'.* COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. !* / THE RESPONDENT. 3. 3* ( )/ THE CIT(A)- 4. 3* CIT 5. 45 !* , . . . , / DR, ITAT, MUMBAI 6. 56789 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI