INCOME TAX OFFICER 27(3) (3) , MUMBAI V. SHREYA SALES , MUMBAI

ITA 5747/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 8481 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 06-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI S. RIFA UR RAHMAN, ACCOUNTANT MEMBER IT A NO. 5747 /MUM./2019 ( ASSESSMENT YEAR : 20 10 11 ) INCOME TAX OFFICER WARD 27(3)(3), MUMBAI . APPELLANT V/S SHREYA SALES 7, KRISHNA KRUPA 44, JAGDUSHA NAGAR GHATKOPER (W), MUMBAI 400 086 PAN AACFS4046A . RESPONDENT REVENUE BY : SHRI VIJAY KUMAR MENON ASSESSEE BY : NONE DATE OF HEARING 10 .0 3 .202 1 DATE OF ORDER 24.03.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE CHALLENGING THE ORDER DATED 12 TH JUNE 20 19 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 25 , MUMBAI, FOR THE ASSESSMENT YEAR 20 1 0 11 . 2. WHEN THE CASE WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORISED REPRESENTATIVE APPEARED TO REPRESENT ITS CASE. HOWEVER, W HILE PERUSING THE MATERIAL BEFORE US, WE FIND THAT THE ASSESSEE HAS FILED A COPY OF ACKNOWLEDGEMENT IN FORM 1 AND 2 OF THE 2 SHREYA SALES DECLARATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME, 2020, IN VIEW OF THE FACT THAT THE ASSESSEE HAS APPLIED FOR SETTLEMENT OF TAX DISPUTE UNDER THE SCHEME . 3. CONSIDERED THE SUBMISSIONS OF THE LEARNED DEPARTMENTAL REPRESENTATIVE AND PERUSED THE MAT ERIAL ON RECORD. A S THE ASSESSEE HAS APPLIED FOR SETTLING THE DISPUTE UNDER VIVAD SE VISHWAS SCHEME, 2020, WE ARE OF THE OPINION THAT THERE IS NO NECESSITY OF KEEPING THIS MATTER ALIVE SINCE THE ASSESSEE HAS ALREADY APPLIED FOR SETTLEMENT OF DISPUTE UNDER THE SCHEME. CONSEQ UENTLY, THE APPEAL FILED BY THE REVENUE IS LIABLE TO THE DISMISSED AS SUCH. HOWEVER, LIBERTY IS GRANTED TO THE REVENUE TO SEEK RESTORATION OF THIS APPEAL IN THE EVENT THE APPLICATION FILED UNDER VIVAD SE VISHWAS TAX SCHEME IS NOT ACCEPTED BY THE DEPAR TMENT . IT IS FURTHER MADE CLEAR THAT IN SUCH EVENTUALITY IF THE REVENUE 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. WITH THE A FORESAID OBSERVATIONS, THE APPEAL IS DISMISSED. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.03.2021 SD/ - C.N. PRASAD JUDICIAL MEMBER SD/ - S. RIFAUR RAHMAN ACCOUNTANT MEMBER MUMBAI, DATED: 24.03.2021 3 SHREYA SALES COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY ASSISTANT REGISTRAR ITAT, MUMBAI