POONAM ATUL MAKHARIA, MUMBAI V. ACIT 18 (2)(5), MUMBAI

ITA 6426/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3747 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 07-10-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Assessee Lawyers: HIRAL D SEJPAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 6426 //2019 (. . 2014-15 ) ITA NO.6426/MUM/2019 (A.Y.2014-15) MRS. POONAM ATUL MAKHARIA, R. NO. 77, SWADESH MARKET, 2 ND FLOOR, 316, KALBADEVI ROAD, MUMBAI- 400 002 PAN: AIBPM3225A ...... ) / APPELLANT VS. ITO- 18(2)(5), R.NO. 306, 3 RD FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI-400021. ..... *,/ RESPONDENT ) -/ APPELLANT BY : MR. HIRAL D. SEJPAL *, -/ RESPONDENT BY : MS. SMITA VERMA . / DATE OF HEARING : 04/05/2021 . / DATE OF PRONOUNCEMENT : 04/05/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-29, MUMBAI (IN SHORT THE C IT(A)) DATED 07/08/2019 FOR THE ASSESSMENT YEAR 2014-15. 2. MS. HIRAL D. SEJPAL MADE A STATEMENT THAT THE AS SESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020 (IN SHORT VSVS) AND HENCE, WANT TO WITHDRAW THE APPEAL. THE LD. AR SUBMITTED THAT THE ASSESSEE HAS ALREADY FILED DECLARATION BEFORE THE DESIGNATED AUTHORITY AND FORM-3 IS AWAITED. THE LD. AR FURTHER CONTENDED THAT 2 . 6426 //2019 (. .2014-15 ) ITA NO.6426/MUM/2019 (A.Y.2014-15) LIBERTY MAY BE GRANTED TO REVIVE THE APPEAL IN CASE DECLARATION FILED BY THE ASSESSEE IS NOT ACCEPTED. 3. MS. SMITA VERMA REPRESENTING THE DEPARTMENT STAT ED THAT THE DEPARTMENT HAS NO OBJECTION, IF THE ASSESSEE WANTS TO WITHDRAW APP EAL TO AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTED FOR VSVS AND HAS ALREADY FILED DECLARATION, THE ASSESSEES PRAYER TO WITHDRAW APPE AL IS ACCEPTED. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEAL IN THE EVENT DECLARATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE/APPELLANT SEEKS TO RESTO RE THE APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEP TED, THE REGISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCELLANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [RE. M/S. NANN USAMY MOHAN (HUF) VS. ACIT IN T.C.A NO. 372 OF 2020 DECIDED ON 16.10.2020 BY HONBLE MADRAS HIGH COURT. 6. IN THE RESULT, APPEAL BY ASSESSEE IS DISMISSED A S WITHDRAWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY , THE 4 TH DAY OF MAY, 2021. SD/- (VIKAS AW ASTHY) / JUDICIAL MEMBER / MUMBAI, 3/ DATED: 04/05/2021 SK, PS 3 . 6426 //2019 (. .2014-15 ) ITA NO.6426/MUM/2019 (A.Y.2014-15) * 4 * 4 * 4 * 4 COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *, / THE RESPONDENT. 3. 5 ( )/ THE CIT(A)- 4. 5 CIT 5. * , . . . , / DR, ITAT, MUMBAI 6. 9 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI