ANIL ASSUDOMAL MANGHNANAI, MUMBAI V. ITO - 19(1)(1), MUMBAI

ITA 5673/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4930 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 30-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE VIKAS AWASTHY, JUDICIAL MEMBER . 5673/ / 2019 (%. . 2010-11 ) ITA NO.5673/MUM/2019(A.Y.2010-11) ANIL ASSUDOMAL MANGHANANAI, 151, FLAT NO.501, ACCOST BUILDING, PALI ROAD, BANDRA (WEST), MUMBAI 400 050 PAN:AACPM 2072N ...... ' / APPELLANT % VS. ITO-19(1)(1), 2 ND FLOOR, MATRU MANDIR, TARDEO, MUMBAI 400 051 ..... ()/ RESPONDENT ASSESSEE BY : LETTER DATED 26/03/2021 REVENUE BY : SHRI SUSHIL KUMAR MISHRA %*) / DATE OF HEARING : 30/03/2021 +,- *) / DATE OF PRONOUNCEMENT : 30/03/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-4, MUMBAI ( IN SHORT THE CIT( A)) DATED 12/06/2019 FOR THE ASSESSMENT YEARS 2010-11. 2. A LETTER DATED 26/03/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCH EME, 2020( IN SHORT VSVS) . THE DECLARATION HAS ALREADY BEEN FILED UNDER VSVS AND F ORM-3 IS AWAITED. 3. SHRI SUSHIL KUMAR MISHRA REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO AVAIL THE BENEFIT OF VSVS. 2 . 5673/ / 2019 (%. . 2010-11 ) ITA NO.5673/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 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 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 TUESDAY, THE 30 TH DAY OF MARCH, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, /%/ DATED 30/03/2021 VM , SR. PS (O/S) ()01 -) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 2) ( )/ THE CIT(A)- 4. 2) CIT 5. 34()% , . . . , / DR, ITAT, MUMBAI 6. 45678 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI