NAILESH SWARUPCHAND MEHTA, MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX, MUMBAI

ITA 5355/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 9289 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 16-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: KRUNAL G AGLANI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! ,'# '$ BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI N.K.PRADHAN, ACCOUNTANT MEMBER . 5355/ / 2019 (. . 2014-15 ) ITA NO.5355/MUM/2019(A.Y.2014-15) NAILESH SWARUPCHAND MEHTA, 201, KABIR APARTMENT, PLOT NO.28, NS ROAD.11, JVPD, VILE PARLE (W) MUMBAI 400 049 PAN: ACZPM0898D ...... ) / APPELLANT VS. ASSTT. COMMISSIONER OF INCOME TAX 25(3), 232, 2 ND FLOOR, KAUTILYA BHAVAN, BANDRA (E), MUMBAI 400 051 ..... !*/ RESPONDENT ASSESSEE BY : SHRI KRUNAL G AGLANI REVENUE BY : SHRI SANJAY J. SETHI +* / DATE OF HEARING : 10/03/2021 ,-. +* / DATE OF PRONOUNCEMENT : 10/03/2021 '/ ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-53, MUMBAI ( IN SHORT THE CIT (A)) DATED 14/06/2019 FOR THE ASSESSMENT YEARS 2014-15. 2 . 5355/ / 2019 (. . 2014-15 ) ITA NO.5355/MUM/2019(A.Y.2014-15) 2. A LETTER DATED 09/03/2021 HAS BEEN RECEIVED FROM THE CHARTERED ACCOUNTANTS OF THE ASSESSEE STATING THAT THE ASSESSEE HAS OP TED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). THE DECLARATION HAS ALREADY BEEN FILED UNDER VSVS AND FORM- 3 IS AWAITED. 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTE D 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. 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 WEDNESDAY , THE 10 TH DAY OF MARCH, 2021. SD/- SD/- (N.K.PRADHAN) (VIKAS AWAST HY) '# / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, 0/ DATED 10/03/2021 VM , SR. PS (O/S) 3 . 5355/ / 2019 (. . 2014-15 ) ITA NO.5355/MUM/2019(A.Y.2014-15) !*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