SHRI NARENDRA SHAH, MUMBAI V. INCOME TAX OFFICER , MUMBAI

ITA 5816/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3270 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 09-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: GUNAL BANSAL
• Keywords: Condonation of delay
• Section: 201; 68; 6

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI SHRI SHAMIM YAHYA ( A M) I.T.A. NO. 5816 /MUM/ 201 9 (ASSESSMENT YEAR 2013 - 14 ) I.T.A. NO. 7142/MUM/2018 (ASSESSMENT YEAR 2008 - 09) MR. NARENDRA SHAH 21, SHAH APARTMENT OPP. KIRTI COLLEGE VEER SAV ARKAR MARG PRABHADEVI MUMBAI - 400 025. PAN : AAOPS0111L V S . ITO - WARD 21(2)(5) PIRAMAL CHAMBERS 1 ST FLOOR, ROOM NO. 107, PAREL MUMBAI - 400 012. ( APPELLANT ) ( RESPONDENT ) I.T.A. NO. 6956/MUM/2019 (ASSESSMENT YEAR 2008 - 09) NARENDRA SHAH - HUF 21, SHAH APARTMENT OPP. KIRTI COLLEGE VEER SAVARKAR MARG PRABHADEVI MUMBAI - 400 025. PAN : AAAHN7371K V S . ITO - WARD 21(2)(5) PIRAMAL CHAMBERS 1 ST FLOOR, ROOM NO. 107, PAREL MUMBAI - 400 012. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI GUNAL BANSAL DEPARTMENT BY MS. SMITA VERMA DATE OF HEARING 11 . 11 . 20 20 DATE OF PRONOUNCEMENT 12 .1 1 . 20 20 O R D E R TH E S E ARE APPEAL S BY THE ASSESSEE S ARE DIRECTED AGAINST RESPECTIVE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) [IN SHORT LEARNED CIT(A)] PER TAINING TO ASSESSMENT YEAR 2008 - 0 9 AND 2013 - 14 IN CASE OF ASSESSEE AND IN CASE OF ASSESSEE - HUF FOR A.Y. 2008 - 09. 2. THE GROUND OF APPEAL S RELATE TO ADDITION U/S. 68 SUSTAINED BY THE LEARNED CIT(A). MR. NARENDRA SHAH & MR. NARENDRA SHAH HUF 2 3. AT THE OUTSET, IN THIS CASE THE ASSESSEE BY A WRITTE N SUBMISSION SUBMITTED THAT ASSESSEE HAS APPLIED FOR SOLUTION OF DISPUTE UNDER THE VIVAAD SE VISHWAS SCHEME. IN THIS REGARD, IT HAS BEEN SUBMITTED THAT FORM NOS. 1 AND 2 UNDER VSVS1 HAS ALREADY BEEN FILED AND THE COPY OF ACKNOWLEDGEMENT IS ALSO ATTACHED. 4. I NOTE THAT IN A SIMILAR SITUATION, HON'BLE MADRAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) V S . ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER : - 3. THE LEARNED COUNSEL FOR THE APPELLANT/ASSESSEE, ON INSTRUCTIONS, SUBMITT ED THAT THE APPELLANT/ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION/DECLARATION IN FORM NO. I. 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELOPMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) TO PROVIDE FOR RESOLUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPT ION 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 HON'BLE SUPREME COURT OF INDIA. UNDER SECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3, WHERE A DECLARANT MEANS A PERSON, WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANCE WITH THE PROV ISIONS OF SECTION 4 IN RESPECT OF TAX ARREA RS, THEN, NOTWITHSTANDING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BEING IN FORCE, THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERMS OF SECTION 3(A - C) THEREUNDER. 6. THE FIRST PROVISO TO SECTION 3 STATES THAT IN CASE, WHERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY THE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM, THE AMOUNT PAYABLE SHALL BE ONE - HALF OF THE AMOUNT IN THE TABLE STIPULATED IN SECTION 3 CALCULATED ON SUCH ISS UE, IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROVISO DEALS WITH THE CASES, WHERE THE MATTER IS BEFORE THE COMMISSIONER (APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS WITH CASES, WHERE THE ISSUE IS PENDING BEFORE THE INCO ME TAX APPELLATE TRIBUNAL. THE FILING OF THE MR. NARENDRA SHAH & MR. NARENDRA SHAH HUF 3 DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTICULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4 , SECTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERTAIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES, WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT I NSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FO R ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORIT Y SHALL PROCESS THE APPLICATION /DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITI OUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ACCORDINGLY, RESPECTFULLY FOLLOWING THE ABOVE AND NOTING THE FACT THAT IN THE PRESENT CASE, ASSESSEE HAS ALREADY F ILED THE F ORM NO. 1, I TREAT THE S E APPEAL S BEING DISPOSED OFF AS WITHDRAWN. 5. THE ASSESSEE IS GIVEN LIBERTY FOR RESTORATION OF APPEAL S IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COURT ORDER AS ABOVE. 6. IN THE RESULT, THE S E APPEAL S BY THE ASSESSEE ARE DIS POSED OF BY TREATING THE SAME AS WITHDRAWN. ORDER PRONOUNCED UNDER RULE 34(4) OF THE ITAT RULES BY PLACING THE RESULT ON NOTICE BOARD ON 12.11.2020. SD/ - (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 12 / 1 1 / 20 20 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT MR. NARENDRA SHAH & MR. NARENDRA SHAH HUF 4 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI