HANSA LALIT SONI, MUMBAI V. ITO 23(2)(3), MUMBAI

ITA 6406/MUM/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9538 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 07-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , ! IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI BEFORE VIKAS AWASTHY, JUDICIAL MEMBER . 6406/ / 2019 (%. . 2008-09 ) ITA NO.6406/MUM/2019(A.Y.2008-09) SMT. HANSA LALIT SONI, 1, SHREENATH APARTMENT II, CHAPHEKAR BANDHU MARG, MULUND (EAST), MUMBAI 400 081 PAN: AALPS-8393-K ...... ' / APPELLANT % VS. INCOME TAX OFFICER- 23(2)(3) C-10, 2 ND FLOOR, ROOM NO.204, PRATYAKSHAKAR BHAVAN, BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI 400 051 ..... ()/ RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI SANJAY J. SETHI %*) / DATE OF HEARING : 27/07/2021 +,- *) / DATE OF PRONOUNCEMENT : 27/07/2021 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-40, MUMBAI [ IN SHORT THE CIT (A)]DATED 02/08/2019 PASSED UNDER SECTION 154(2)(B) OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') FOR THE ASSESSMENT YEAR 2008-09. 2. A LETTER DATED 16/02/2021 HAS BEEN RECEIVED F ROM THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR 'VIVAD SE VISHWAS SCHEME , 2020'( IN SHORT 'VSVS') AND HENCE, WANTS TO WITHDRAW THE APPEAL SUBJECT TO ISSU E OF FORM-5 BY THE DESIGNATED AUTHORITY. 2 ITA NO.6406/MUM/2019(A.Y.2008-09) 3. SHRI SANJAY J. SETH REPRESENTING THE DEPARTMENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEAL TO AVAIL THE BENEFIT OF VSVS'. 4. A PERUSAL OF ABOVE LETTER SHOWS THAT THE ASSE SSEE'S DECLARATION UNDER VSVS FOR THE IMPUGNED ASSESSMENT YEAR HAS BEEN ACCEPTED AND THE DESIGNATED AUTHORITY HAS ISSUED FORM-3. THE ASSESSEE AT THIS STAGE IS SE EKING CONDITIONAL WITHDRAWAL, SUBJECT TO ISSUANCE OF FORM-5 BY THE DESIGNATED AUT HORITY. IN VIEW OF ABOVE, THE APPEAL BY ASSESSEE IS DISMISSED AS WITHDRAWN AT TH IS STAGE. 5.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 BY ASSESSEE IS DISMISSED AT THIS STAGE WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY T HE 27 TH DAY OF JULY , 2021. (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, /%/ DATED 27/07/2021 VM , SR. PS (O/S) 3 ITA NO.6406/MUM/2019(A.Y.2008-09) ()01 -) COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT , 2. () / THE RESPONDENT. 3. 2) ( )/ THE CIT(A)- 4. 2) CIT 5. 34()% , . . . , / DR, ITAT, MUMBAI 6. 45678 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI