POONAM ASHOK GUPTA, MUMBAI V. ACIT - 13 (3), MUMBAI

ITA 5753/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 5682 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 05-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK L SHARMA
• Section: 271(1)(c)

Judgement Text

POONAM ASHOK GUPTA VS. ACIT, 13(3), MUMBAI ITA NO. 5753/MUM/2018 A.Y 2008 - 09 1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 5753/MUM/2018 (ASSESSMENT YEAR: 2008 - 09) POONAM ASHOK GUPTA 122, T.V INDUSTRIAL ESTATE, S.K AHIRE MARG, WORLI, MUMBAI 400 030. VS. ASSISTANT COMMISSIONER OF INCOME - TAX, 13(3), 2 ND FLOOR, ROOM NO. 219, AAYKAR BHAWAN, M.K ROAD, MUMBAI 400 020 PAN NO. AABPG4732E (ASSESSEE) (REVENUE) ASSESSEE BY : SHRI. ASHOK L SHARMA, A.R REVENUE BY : MS. SHREEKALA PARDESHI, D.R DATE OF HEARING : 28/01/2021 DATE OF PRONOUNCEMENT : 28 /01/2021 ORDER PER RAVISH SOOD, J.M: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 58, MUMBAI DATED 20.072018, WHICH IN TURN ARISES FROM THE PENALTY ORDER PASSED U/S 271(1)(C) OF THE INCOME - TAX ACT, 1961, DATED 28.03.2014 FOR ASSESSMENT YEAR 2008 - 09. 2. WHEN THIS APPEAL WAS CALLED FOR HEARING, THE LD. AUTHORISED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD FILED THE NECESSARY DECLARATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AW AITING FOR A FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. IN ORDER TO SUPPORT THE AFORESAID FACTUAL POSITION THE LD. A.R TOOK US THROUGH THE DECLARATION FILED BY THE ASSESSEE IN FORM NO. 1 WITH THE APPROPRIATE AUTHORITY. IN THE BACKDROP OF THE A FORESAID FACTS, IT WAS SUBMITTED BY THE LD. A.R THAT THE CAPTIONED APPEAL MAY BE DISMISSED AS WITHDRAWN AS LONG AS THE ASSESSEES RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT, IF FOR SOME UNFORESEEN REASON THE MATTER IS NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. D.R DID NOT RAISE ANY OBJECTION. POONAM ASHOK GUPTA VS. ACIT, 13(3), MUMBAI ITA NO. 5753/MUM/2018 A.Y 2008 - 09 2 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO A RIDER THAT IN THE UNLIKELY EVENT OF THE MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME THE ASSESSE E SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HER APPEAL. 5. RESULTANTLY, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION RECORDED HEREINABOVE. ORDER PRO NOUNCED IN THE OPEN COURT ON 28 /01/2021. SD/ - SD/ - (S. RIFAUR RAHMAN) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 28 .01.2021 ROHIT, 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// (SR. PRIVATE SECRETARY) ITAT, MUMBAI