INCOME TAX OFFICER 32(2) (5), MUMBAI V. SHRI PARESH A GANDHI, MUMBAI

ITA 5827/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4963 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 09-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5826 / /201 9 ((. . 2011-12 ) ITA NO.5826/MUM/2019 (A.Y.2011-12) . 5827 / /201 9 ((. . 2009-10 ) ITA NO.5827/MUM/2019 (A.Y.2009-10) INCOME TAX OFFICER-32(2)(5), 719,7 TH FLOOR, KAUTILYA BHAVAN, C-41 TO C-43, G-BLOCK, BKC, BANDRA (E), MUMBAI 400 051 ...... * / APPELLANT ( VS. SHRI PARESH A. GANDHI, A-305, NEELDHARA CHS, BEHIND VAYDETA TEMPLE, BORIVALI WEST, MUMBAI 400 092 PAN: AEBPG2903H ..... +,/ RESPONDENT *-/ APPELLANT BY : MS. SMITA VERMA +,-/ RESPONDENT BY : NONE (., / DATE OF HEARING : 05/04/2021 /01 ., / DATE OF PRONOUNCEMENT : 05/04/2021 / ORDER PER VIKAS AWASTHY, J.M: THESE TWO APPEALS BY THE REVENUE ARE DIRECTED AGAIN ST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-46, MUMBAI (IN SHORT THE CIT(A)) FOR AY 2011-12 AND 2009-10, RESPECTIVELY. BOTH THE IMPUGNE D ORDERS ARE OF EVEN DATE I.E. 03/6/2019. 2 ITA NO.5826/MUM/2019 (A.Y.2011-12) ITA NO.5827/MUM/2019 (A.Y.2009-10) 2. A LETTER HAS BEEN FURNISHED BY THE CHARTERED ACC OUNTANTS OF THE ASSESSEE ON 01/4/2021 STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND THE DECLARATION UNDER T HE SAID SCHEME HAS BEEN FILED FOR BOTH THE IMPUGNED ASSESSMENT YEARS. FORM 3 IS A WAITED. 3. MS. SMITA VERMA REPRESENTING THE DEPARTMENT STAT ED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BEN EFIT OF VSVS. 4. A PERUSAL OF THE ABOVE LETTER FILED ON BEHALF OF THE ASSESSEE/RESPONDENT SHOWS THAT DECLARATION FILED BY ASSESSEE UNDER VSVS IS PE NDING FOR ACCEPTANCE FOR BOTH THE IMPUGNED ASSESSMENT YEARS AS FORM 3 HAS NOT BE EN ISSUED BY THE DESIGNATED AUTHORITY, SO FAR. SINCE, THE ASSESSEE HAS OPTED FO R VSVS, APPEALS FILED BY THE REVENUE HAVE BECOME INFRUCTUOUS AND THUS, ARE LIABL E TO BE DISMISSED, AS SUCH. 5. LIBERTY IS GRANTED TO THE REVENUE/APPELLANT TO R EVIVE THE APPEAL(S), 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 APPEALS BY REVENUE ARE DISMISSED AS INFRUCTUOUS, WITH LIBERTY AFORESAID. 6. IN THE RESULT, APPEALS BY THE REVENUE ARE DISMIS SED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON MONDAY, THE 05 TH DAY OF APRIL, 2021. SD./- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 3(/ DATED: 05/04/2021 VM , SR. PS (O/S) 3 ITA NO.5826/MUM/2019 (A.Y.2011-12) ITA NO.5827/MUM/2019 (A.Y.2009-10) 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