ITO 24(1)(2), MUMBAI V. ANUSHREE KHETAN, MUMBAI

ITA 6762/MUM/2016

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8337 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 18-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) AN D SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 6762/MUM/2016 ASSESSMENT YEAR: 2005-06 ITO-24(1)(2), ROOM NO. 605, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI 400 012. VS. SMT. ANUSHREE KHETAN, 35, 5 TH FLOOR, SHANTI DEEP, OPP. HOTEL SUBHASH, JB NAGAR, ANDHERI (E), MUMBAI-400 059. PAN NO. AOCPK 8810 J APPELLANT RESPONDENT REVENUE BY : MR. BRAJENDRA KUMAR, DR ASSESSEE BY : MS. VINITA SHAH, AR DATE OF HEARING : 14/01/2021 DATE OF PRONOUNCEMENT : 14/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE REVENUE. THE RELEVAN T ASSESSMENT YEAR IS 2005-06. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-51, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 263 THE INCO ME TAX ACT 1961, (THE ACT). 2. THE LD. COUNSEL FOR THE RESPONDENT SUBMITS THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE VIVAD SE VISHWAS SCHEME FOR A BOVE ASSESSMENT YEAR AND FORM 3 IS AWAITED. ITA NO. 6762/M/2016 SMT. ANUSHREE KHETAN 2 WE BROUGHT TO THE ATTENTION OF THE LD. DEPARTMENTA L REPRESENTATIVE (DR) THE ABOVE SUBMISSION OF THE ASSESSEE. 3. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX V IVAD SE VISHWAS ACT, 2020 (ACT NO. 3 OF 2020) TO PROVIDE FOR RESOLU TION OF DISPUTED TAX AND FOR MATTER CONNECTED THEREWITH OR INCIDENTAL THERET O. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17.03.2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17.03.2020. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE TH E FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUPREME COURT OF INDIA. CONSIDERING THE SUBMISSIONS OF THE LD. COUNSEL FOR THE ASSESSEE AND KEEPING IN VIEW THE DECISION OF THE HONBLE MADRAS HIGH COURT IN THE CASE OF M/S NANNUSAMY MOHAN (HUF) V. ACIT (TCA NO. 372 OF 2020, ORDER DATED 16.10.2020), WE ARE INCLINED TO DISMISS THIS APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO THE APPELLANT TO SEEK THE RES TORATION OF THIS APPEAL IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MADE CLEAR, IN SUCH E VENTUALITY, IF THE APPELLANT SEEKS RESTORATION OF THIS APPEAL BY FILIN G MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WIT HOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ITA NO. 6762/M/2016 SMT. ANUSHREE KHETAN 3 4. IN THE RESULT, THE APPEAL IS DISMISSED, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 14/01/2021. SD/- SD/- ( PAVAN KUMAR GADALE ) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 14/01/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI