RAKESHKUMAR WADHAWAN, MUMBAI V. ACIT- CC 5(4), MUMBAI

ITA 5847/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 7776 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 10-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAJIT V NAIR
• Keywords: Question of law; Competent authority

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ) , D BENCH MUMBAI BEFORE SHRI RAJESH KUMAR , AM & SHRI PAVAN KUMAR GADALE , JM ITA NO. 5847 /MUM/ 20 18 ( ASSESSMENT YEAR : 11 - 12 ) SHRI RAKESHKUMAR WADHAWAN THAR & CO. 203, CAPRI BUILDING OPP. HDIL T OWERS ANANT KANEKAR MARG BANDRA (E), MUMBAI 400051 VS. DCIT CENTRAL CIRCLE 5(4) 1927, 19 TH FLOOR AIR INDIA BUILDING NARIMAN POINT MUMBAI 400 021 PAN/GIR NO. AAEPW7656G (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY NONE REVENUE BY SHRI SAJIT V. NAIR DATE OF HEARING 18 / 01 /202 1 DATE OF PRONOUNCEMENT 18 / 01 /202 1 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 11/07/2018 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEA LS) - 53 MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)] AND PERTAINS TO A.Y. 2011 - 12 . ITA NO . 5847/MUM/2018 SHRI RAKESHKUMAR WADHWAN 2 2 . AT THE OUTSET, ASSESSEE HAD FILED APPLICATION ONLINE SUBMITTING THAT HE HAD ALREADY FILED A DECLARATION UNDER VIVAD SE VISHWAS SCHEME TO SETTLE THE DISPUTES ARISING OUT OF TH IS APPEAL. THIS IS CONSIDERED AS A STATEMENT MADE FROM THE BAR. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. SINCE, THE ASSESSEE HAD ALREADY FILED AN APPLICATION UNDER DIRECT TAX VIVAD SE VISWAS SCHEME ACT 2020 , TH ERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE MADRAS HIGH COURT IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN THE HONBLE HIGH COURT AFTER CONSIDERING THE INTENTIO N OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME - 2020 (VSV SCHEME), HAD DISMISSED THE APPEAL BY OBS ERVING IN PARA 7 TO 9 AS UNDER: - 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 INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATIO N 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 FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE AP PELLANT/ ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/ DECLARATION IN ACCORDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) W EEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUESTION OF LAW ARE LEFT UPON. NO COSTS. ITA NO . 5847/MUM/2018 SHRI RAKESHKUMAR WADHWAN 3 4 . IN THE LI GHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCH EME - 2020. IN OTHER WORDS , IF THE ASSESSEES DECLARATION FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSOEVER, THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY FILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APP EAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5 . IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS TH E APPEAL WITH A LIBERTY TO GET IT RECALLED IN THE EVENTUALITY OF ASSESSEES DECLARATION NOT GETTING ACCEPTED BY THE REVENUE. 6 . IN THE R ESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 18 / 01 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( PAVAN KUMAR GADALE ) SD/ - ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 18 / 01/ 2021 KARUNA , SR.PS ITA NO . 5847/MUM/2018 SHRI RAKESHKUMAR WADHWAN 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//