M/S. VIJAY PAPER PRODUCT, MUMBAI V. INCOME TAX OFFICER 21(3)(5), MUMBAI

ITA 5307/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8897 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! ,'# '$ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI N.K.PRADHAN, ACCOUNTANT MEMBER . 5307/ / 2019 (. . 2010-11 ) ITA NO.5307/MUM/2019(A.Y.2010-11) M/S. VIJAY PAPER PRODUCT, 259-A, PUPALA SADAN, DR.A.B.ROAD, WORLI, MUMBAI 400 025. PAN: AAEFV4015A ...... ) / APPELLANT VS. THE INCOME TAX OFFICER 21(3)(5), ROOM NO.117, 1 ST FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI 400 012 ..... !*/ RESPONDENT ASSESSEE BY : LETTER DATED 08/03/2021 REVENUE BY : SHRI SANJAY J. SETHI +* / DATE OF HEARING : 08/03/2021 ,-. +* / DATE OF PRONOUNCEMENT : 08/03/2021 '/ ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-48, MUMBAI ( IN SHORT THE CIT (A)) DATED 31/05/2019 FOR THE ASSESSMENT YEARS 2010-11. 2. A LETTER DATED 08/03/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). 3. SHRI SANJAY SINGH, REPRESENTING THE DEPARTMENT S TATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO AVAIL THE BENEFIT OF VSVS. 2 . 5307/ / 2019 (. . 2010-11 ) ITA NO.5307/MUM/2019(A.Y.2010-11) 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTE D FOR VSVS AND HAS ALREADY FILED DECLARATION, THE APPEAL BY ASSESSEE IS DISMISS ED 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. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICAT ION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 20 20 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT] 6. IN THE RESULT, APPEAL BY ASSESSEE IS DISMISSE D, WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY THE 8 TH DAY OF MARCH, 2021. SDF/- SD/- (N.K.PRADHAN) (VIKAS AWAST HY) '# / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 0/ DATED 08/03/2021 VM , SR. PS (O/S) !*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 3 . 5307/ / 2019 (. . 2010-11 ) ITA NO.5307/MUM/2019(A.Y.2010-11) DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER