LODHA DEVELOPERS LIMITED (SUCCESSOR TO LODHA IDEAL BUIDCON PRIVATE LIMITED SINCE MERGED WITH SURYAKRUPA CONSTRUCTION PRIVATE LIMITED, MUMBAI V. DCIT CC-7(3), MUMBAI

ITA 5181/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2276 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 07-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHISH GOGRILD; FILING A MISCELLANEOUS
• Keywords: Condonation of delay

Judgement Text

ITA NO.5181/MUM/2018 ASSESSMENT YEAR: 2015-16 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI , , BEFORE HONBLE SHRI SAKTIJIT DEY, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.5181/MUM/2018 ( / ASSESSMENT YEAR: 2015-16) LODHA DEVELOPRS LIMITED (SUCCESSOR TO LODHA IDEAL BUILDCON PVT.LTD. SINCE MERGED WITH SURYAKRUPA CONSTRUCTIONS PVT.LTD.) ROOM NO.412, 4 TH FLOOR 17G, VARDHMAN CHAMBER CAWASJI PATEL ROAD HORNIMAN CIRCLE, FORT MUMBAI-400 001. / VS. DCIT - CENTRAL CIRCLE - 7(3) ROOM NO.655, AAYKAR BHAVAN, MK ROAD MUMBAI-400 020. PAN/GIR NO. AABCL - 2978 - C ( '# /APPELLANT ) : ( $%'# / RESPONDENT ) ASSESSEE BY : SHRI ASHISH GOGRI-LD. AR REVENUE BY : SHRI RAJEEV HARIT -LD.CIT-DR / DATE OF HEARING : 01/12/2020 / DATE OF PRONOUNCEMENT : 01/12/2020 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THIS APPEAL, THE ASSESSEE CONTESTS THE ORDER OF LD. FIRST APPELLATE AUTHORITY ON CERTAIN GROUNDS OF APPEAL. 2. THE LD. AR PLACED ON RECORD A LETTER DATED 30/11 /2020 WHEREIN IT HAS BEEN STATED THAT THE ASSESSEE IS IN THE PROCESS OF ANALYZING THE ALTERNATIVE TO OPT FOR VIVAD SE VISHWAS SCHEME (VVS SCHEME) . ITA NO.5181/MUM/2018 ASSESSMENT YEAR: 2015-16 2 3. KEEPING IN VIEW THE AFORESAID SUBMISSIONS AND IN TERMS OF DECISION OF HONBLE MADRAS HIGH COURT IN M/S NANNUSAMY MOHAN (HUF) V/S ACIT (TCA NO. 372 OF 2020) DATED 16/10/2020, THE BENCH DEEM IT FIT TO DISMISS THE APPEAL. ACCORDINGLY, GOING BY THE SAID DECISION, SINCE THE ASSESSEE IS OPTING FOR VVS SCHEME, THE APPEAL STAND DISMISSED. HOWEVER, THE ASSESSEE IS GIVEN LIBERTY TO SEEK REST ORATION OF THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON T HE DECLARATION FILED BY THE ASSESSEE U/S 4 OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 IS NOT IN FAVOR OF THE ASSESSEE. IF SUCH PRAYER IS MADE, T HE REGISTRY SHALL ENTERTAIN THE PRAYER FORTHWITH WITHOUT INSISTING UP ON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF TH E APPEAL AND ON SUCH REQUEST BEING MADE BY THE ASSESSEE BY FILING A MISC ELLANEOUS APPLICATION FOR RESTORATION, THE REGISTRY SHALL PLA CE SUCH PETITION BEFORE THE BENCH FOR ORDERS. 4. IN VIEW OF THE FOREGOING, THE APPEAL STANDS DISM ISSED. ORDER PRONOUNCED ON 01 ST DECEMBER, 2020. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 01/12/2020 SR.PS:-JAISY VARGHESE ITA NO.5181/MUM/2018 ASSESSMENT YEAR: 2015-16 3 '# $# / COPY OF THE ORDER FORWARDED TO : 1. '# / THE APPELLANT 2. $%'# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$- , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.