GOMUKH LAND PVT. LTD., MUMBAI V. ITO- 12(2)(3), MUMBAI, MUMBAI

ITA 5916/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3016 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 16-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R R SHAH

Judgement Text

, , ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 5916 / / 2019 (%. 2013-14 ) ITA NO.5916/MUM/2019(A.Y 2013-14) GOMUKH LAND PVT. LTD., GALA NO.53, GROUND FLOOR, A-WING, VIRMANI INDUSTRIAL ESTATE, GOREGAON, MUMBAI 400 063. PAN-AAECG4672R ...... ' / APPELLANT % VS. ITO -12(2)(3)ROOM NO.226, 2 ND FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ..... ()/ RESPONDENT '*/ APPELLANT BY : SHRI R.R.SHAH ()*/ RESPONDENT BY : SHRI SANJAY J. SETHI %+) / DATE OF HEARING : 17/06/2021 ,-. +) / DATE OF PRONOUNCEMENT : 17/06/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) -20, MUMBAI [IN SHORT THE CIT (A)] DATED 27/06/2019 FOR THE ASSESSMENT YEAR 2013-14. 2. A LETTER DATED 12/06/2021 HAS BEEN RECEIVED FR OM THE CHARTERED ACCOUNTANTS OF THE ASSESSEE STATING THAT THE ASSE SSEE HAS OPTED FOR 'VIWAD SE VISHWAS SCHEME, 2020'( IN SHORT 'VSVS') AND HENCE, WANT TO WITHDRAW THE APPEAL. 2 ITA NO.5916/MUM/2019(A.Y 2013-14) 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTMEN T STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANT TO WITHDRAW A PPEAL TO AVAIL THE BENEFIT OF VSVS'. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSESS EE HAS OPTED FOR AVAILING THE BENEFIT OF VSVS, FORM NO.1 & FORM NO.2 HAS BEEN F ILED AND FORM NO.3 IS AWAITED. IN VIEW OF ABOVE, THE APPEAL BY ASSESSEE IS DISMIS SED AS WITHDRAWN, AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE A PPEAL IN THE EVENT DECLARATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. I T IS FURTHER MADE CLEAR THAT IF THE ASSESSEE/APPELLANT SEEKS TO RESTORE THE APPEAL IN T HE EVENT ASSESSEES DECLARATION UNDER VSVS IS NOT ACCEPTED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICAT ION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS [RE. M/S. NANNUSAMY MOHAN(HUF) VS. ACIT IN T.C.A NO.372 OF 20 20 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT]. 6. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED AT THIS STAGE WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, T HE 17 TH DAY OF JUNE, 2021 SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 0%/ DATED 17/06/2021 VM , SR. PS (O/S) 3 ITA NO.5916/MUM/2019(A.Y 2013-14) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 1) ( )/ THE CIT(A)- 4. 1) CIT 5. 23()% , . . . , / DR, ITAT, MUMBAI 6. 34567 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI