ROCKFIRST REAL ESTATE LIMITED, MUMBAI V. DCIT, CENTRAL CIRCLE 1(3), MUMBAI

ITA 5517/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3527 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 23-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI RAVISH SOOD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 5517/MUM/2019 ASSESSMENT YEAR: 2012-13 & ITA NO. 5518/MUM/2019 ASSESSMENT YEAR: 2013-14 ROCKFIRST REAL ESTATE LTD., PENINSULA SPENTA, 2 ND FLOOR, MATHURADAS MILL, COMPOUND, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400013. VS. DY. CIT CENTRAL CIRCLE 1(3), OLD CGO BUILDING, ANNEXE 9 TH FLOOR, ROOM NO. 905, M.K. ROAD, MUMBAI-400020. PAN NO. AADCR 9933 P APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. BHARAT ANDHALE, DR DATE OF HEARING : 26/02/2021 DATE OF PRONOUNCEMENT : 26/02/2021 ORDER PER N.K. PRADHAN, A.M. THE CAPTIONED APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4 7, MUMBAI [IN SHORT CIT(A)] AND ARISE OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 153A OF THE INCOME TAX ACT 1961, (THE ACT). ITA NO. 5517 & 5518/M/2019 ROCKFIRST REAL ESTATE LTD. 2 2. THE ASSESSEE/APPELLANT HAS FILED A LETTER DATED 11.02.2021 BEFORE THE TRIBUNAL STATING THAT THEY HAVE RECEIVED FORM-3 UND ER THE VIVAD SE VISHWAS ACT, 2020 AND THEREFORE, THEY WOULD LIKE TO WITHDRA W THE ABOVE APPEALS. WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE THE ABOVE SUBMISSION OF THE APPELLANT. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAI D ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUP REME COURT OF INDIA. CONSIDERING THE LETTER DATED 11.02.2021 FILED BY TH E APPELLANT AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THESE APPEA LS AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE ASSESSEE TO SEEK THE REST ORATION OF THESE APPEALS IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH E VENTUALITY, IF THE ASSESSEE SEEKS RESTORATION OF THESE APPEALS BY FILING MISCEL LANEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTING UP ON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ITA NO. 5517 & 5518/M/2019 ROCKFIRST REAL ESTATE LTD. 3 4. IN THE RESULT, THESE APPEALS ARE DISMISSED AS WI THDRAWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 26/02/2021. SD/- SD/- (RAVISH SOOD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 26/02/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI