PRIORITY JEWELS PRIVATE LTD, MUMBAI V. DCIT-CC-10(3)(2), MUMBAI, MUMBAI

ITA 6017/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6333 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 23-09-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHREEKALA PARDESHIDR
• Assessee Lawyers: SAURABH LADDHA
• Keywords: Condonation of delay
• Section: 6

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH , MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI M. BALAGANESH, AM ITA NO. 6017/MUM/2019 (ASSESSMENT YEAR 2009-10) ITA NO. 6018/MUM/2019 (ASSESSMENT YEAR 2010-11) ITA NO. 6019 & 6020/MUM/2019 (ASSESSMENT YEARS 2013-14) ITA NO. 6021/MUM/2019 (ASSESSMENT YEAR 2015-16) PRIORITY JEWELS PVT. LTD. PLOT NO. 121, STREET NO. 15/18, MIDC MAROL ANDHERI EAST, MUMBAI-400093 VS. DCIT - CC - 10(3)(2), ROOM NO. 509, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROA D, MUMBAI-400020. (APPELLANT) (RESPONDENT) PAN NO. AAECP4118K APPELLANT BY : SHRI SAURABH LADDHA, AR RESPONDENT BY : MS. SHREEKALA PARDESHI,DR DATE OF HEARING : 01.04.2021 DATE OF PRONOUNCEMENT : 01.04.2021 O R D E R PER BENCH: IN ALL THESE APPEALS, THE ASSESSEE HAD PREFERRED TO SETTLE THE DISPUTE BY AVAILING THE BENEFIT OF THE VIVAD SE VISHWAS SCHEME , 2020. FORM NO. 1 & 2 HAS ALREADY BEEN FILED BY THE ASSESSEE BEFORE THE COMPE TENT AUTHORITY. 2. IN VIEW OF THIS, THERE IS NO NEED TO KEEP THESE APPEALS PENDING BEFORE THIS TRIBUNAL IN THE LIGHT OF THE DECISION OF HONBLE MA DRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) VS. ACIT (TCA NO. 372 OF 2020 DATED 16.10.2020), WHICH IS AS UNDER: PAGE | 2 ITA NOS. 6017 TO 6021 MUM 2019-PRIORITY JEWELS PVT. LT D. 5. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDIN G AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFO RE 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 DEC LARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANCE WITH THE PROVISI ONS OF SECTION 4 IN RESPECT OF TAX ARREARS, THEN, NOTWITHSTANDING ANYTH ING 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 STIPUL ATED IN SECTION 3 CALCULATED ON SUCH ISSUE, IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROVISO DEALS WITH THE CASES, WHERE THE MATT ER IS BEFORE THE COMMISSIONER (APPEALS) OR BEFORE THE DISPUTE RESOLU TION PANEL. THE THIRD PROVISO DEALS WITH CASES, WHERE THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DE CLARATION 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 APPLICAB LE. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RE STORE 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 SH ALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH R EQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RES TORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLA NT / ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPE TENT AUTHORITY SHALL PROCESS THE APPLICATION / DECLARATION IN ACCO RDANCE WITH THE ACT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POS SIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON W HICH THE DECLARATION IS FILED IN THE PROPER FORM. PAGE | 3 ITA NOS. 6017 TO 6021 MUM 2019-PRIORITY JEWELS PVT. LT D. 3. IN VIEW OF THE ABOVE, THESE APPEALS ARE HEREBY D ISMISSED AS WITHDRAWN WITH LIBERTY GIVEN TO THE ASSESSEE THAT IN CASE, IF THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VIVAD SE VISHWAS SCHEME DOES NOT GET FINALLY SETTLED FOR ANY REASON WHATSOEVER, THEN THE ASSESSEE IS AT LIBERTY TO PREFER MISCELLANEOUS APPLICATION BEFORE THIS TRIBUNAL FOR RESTORATION OF THESE APPEALS AND IN SUCH EVENT, THESE APPEALS SHALL GET RESTORED. 4. THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSESSEE HAS FILED AN APPLICATION SEEKING PERMISSION FOR WITHDRAWAL OF AL L THE APPEALS. 5. THE ASSESSING OFFICER IS DIRECTED TO PASS THE CO NSEQUENTIAL ORDER FOR THE APPLICATION PREFERRED BY THE ASSESSEE UNDER VIVAD S E VISHWAS SCHEME AS PER CBDT CIRCULAR NO. 3/2020. 6. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE ARE DISMISSED AS WITHDRAWN IN THE ABOVEMENTIONED TERMS. ORDER PRONOUNCED IN THE OPEN COURT ON 01.04.20 21 SD/- SD/- M. BALAGANESH (PAWAN SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) MUMBAI, DATED: 01.04.2021 SK.PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( / THE CIT(A) 4. / CIT 5. , , / PAGE | 4 ITA NOS. 6017 TO 6021 MUM 2019-PRIORITY JEWELS PVT. LT D. DR, ITAT, MUMBAI 6. ' / GUARD FILE. BY ORDER, //TRUE COPY// (ASSTT.REGISTRAR) ITAT, MUMBAI