INCOME TAX OFFICER 32 (3) (1), Mumbai V. RAGHU V MEMON, Mumbai

ITA 5802/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4950 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 09-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5802 / /201 9 ((. . 2010-11 ) ITA NO.5802/MUM/2019 (A.Y.2010-11) INCOME TAX OFFICER -32(3)(1) ROOM NO733, 7 TH FLOOR, KAUTILYA BHAVAN, BKC, BANDRA (E), MUMBAI 400 051 ...... * / APPELLANT ( VS. RAGHU V. MENON, A-401, RAJ UTSAV, SHIV VALLABH X ROAD, ASHOK VAN, DAHISAR (E) MUMBAI 400 068 PAN: AFTPM 6863K ..... +,/ RESPONDENT *-/ APPELLANT BY : SH. SUSHIL KUMAR MISHRA +,-/ RESPONDENT BY : NONE (., / DATE OF HEARING : 01/04/2021 /01 ., / DATE OF PRONOUNCEMENT : 01/04/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-46, MUMBAI (IN SHORT THE CIT( A)) DATED 11/06/2019 FOR THE ASSESSMENT YEAR 2010-11. 2 . 5802 / /201 9 ((. .2010-11 ) ITA NO.5802/MUM/2019(A.Y.2010-11) 2. A LETTER DATED 01/04/2021 HAS BEEN RECEIVED FROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME , 2020( IN SHORT VSVS), AND THE DECLARATION UNDER THE SAID SCHEME HAS BEEN FILED BY THE ASSESSEE. 3. SHRI SUSHIL KUMAR MISHRA REPRESENTING THE DEPART MENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS T O AVAIL THE BENEFIT OF VSVS. 4. A PERUSAL OF THE ABOVE LETTER FILED BY ASSESSEE SHOWS THAT DECLARATION FILED BY ASSESSEE UNDER VSVS IS PENDING FOR ACCEPTANCE AS FORM 3 HAS NOT BEEN ISSUED BY THE DESIGNATED AUTHORITY. SINCE, THE ASSE SSEE HAS OPTED FOR THE VSVS, APPEAL FILED BY THE REVENUE HAS BECOME INFRUCTUOUS AND THUS, IS LIABLE TO BE DISMISSED, AS SUCH. 5. LIBERTY IS GRANTED TO THE REVENUE/APPELLANT TO R EVIVE THE APPEAL, IF THE DECLARATION FILED BY THE ASSESSEE/RESPONDENT IS REJ ECTED FOR ANY REASON WHATSOEVER OR THE ASSESSEE FAILS TO HONOUR THE COMM ITMENT SPECIFIED IN FORM - 3, IF ISSUED. THE APPEAL BY REVENUE IS DISMISSED AS INFRUCTUOUS, WITH LIBERTY AFORESAID. 6. IN THE RESULT, APPEAL BY REVENUE IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, TH E 01 ST DAY OF APRIL, 2021. SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3(/ DATED: 01/04/2021 VM , SR. PS (O/S) 3 . 5802 / /201 9 ((. .2010-11 ) ITA NO.5802/MUM/2019(A.Y.2010-11) COPY OF THE ORDER FORWARDED TO : 1. * / THE APPELLANT , 2. +, / THE RESPONDENT. 3. 4, ( )/ THE CIT(A)- 4. 4, CIT 5. 56+,( , . . . , / DR, ITAT, MUMBAI 6. 6789: / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI