MRS. SPUREET KAUR NAGI, MUMBAI V. ACIT, CENTRAL CIRCLE-3(2), MUMBAI

ITA 5223/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6940 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 08-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Assessee Lawyers: SHEFALI GARG
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5223/MUM/2019 ASSESSMENT YEAR: 2010-11 MRS. SUPREET KAUR NAGI, 602, B-WING, FORESHORE APARTMENTS, JUHU TARA ROAD, SANTACRUZ (W), MUMBAI-400049. VS. ACIT CENTRAL CIRCLE-3(2), ROOM NO. 402, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. ACFPN 9986 M APPELLANT RESPONDENT ASSESSEE BY : MS. SHEFALI GARG, AR REVENUE BY : MR. GURBINDER SINGH, DR DATE OF HEARING : 12/08/2021 DATE OF PRONOUNCEMENT : 12/08/2021 ORDER PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-51, MUMBAI [IN SHORT CIT(A)] FOR THE ASSESSMENT YEAR 2010-11 DATED 13.06.2019 AND ARISES OUT OF ASSESSMENT COMPLETED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. AT THE OUTSET, THE ASSESSEE FILED VIDE LETTER DATED 23.07.2021, ASSESSEE SUBMITTED THAT IT HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND CONFIRMED THE RECEIPT OF FORM-1 & FORM- 2 AS WELL AS REMITTED THE TAX AND PRAYER TO WITHDRAW THE APPEAL. MRS. SPUREET KAUR NAGI ITA NO. 5223/M/2019 2 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGGESTED. 4. HEARD THE LEARNED COUNSELS FOR BOTH THE PARTIES AND PERUSED MATERIAL ON RECORD. CONSIDERING THE FACT THAT THE ASSESSEE HAS SOUGHT WITHDRAWAL OF THE PRESENT APPEAL, AS IT HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL AT THIS STAGE. 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 MADE 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. THIS IS IN VIEW OF THE DECISION OF THE HONBLE MADRAS HIGH COURT IN ORDER DATED 16TH OCTOBER 2020, DELIVERED IN M/S. NANNUSAMY MOHAN (HUF) V/S ACIT , TCA NO.372 OF 2020. WITH THE AFORESAID OBSERVATIONS, THE APPEAL IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 12/08/2021. SD/- SD/- ( RAVISH SOOD ) ( S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 12/08/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - MRS. SPUREET KAUR NAGI ITA NO. 5223/M/2019 3 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI