SAURABH AGARWAL, MUMBAI V. ITO - 17 (3)(4), MUMBAI

ITA 7008/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8687 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 06-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 7008 / / 2018 (%. .2008-09 ) ITA NO. 7008/MUM/2018 (A.Y.2008-09) . 7009 / / 2018 (%. .2007-08 ) ITA NO. 7009/MUM/2018 (A.Y.2007-08) SHRI SAURABH AGARWAL , 172/17 TH FLOOR, KALPATARU HABITAT, DR.S.S.RAO ROAD, PAREL, MUMBAI 400 012 PAN:ADPPA2384P / VS. : / APPELLANT INCOME TAX OFFICER -17(3)(4), ROOM NO.615, 6 TH FLOOR, PIRAMAL CHAMBERS, LALBAUG, MUMBAI 400 012 : / RESPONDENT ASSESSEE BY : SHRI GAURAV KABRA REVENUE BY : SHRI SANJAY J SETHI / DATE OF HEARING : 05/01/2021 / DATE OF PRONOUNCEMENT : 05/01/2021 / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED A GAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-32, MUMBAI ( I N SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2008-09 AND 2007-08, RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E. 28/08/2018. 2 ITA NO. 7008/MUM/2018 (A.Y.2008-09) ITA NO. 7009/MUM/2018 (A.Y.2007-08) 2. THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS FILED A LETTER DATED NIL INTIMATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). THE RELEVANT EXTRACT OF THE LETTER IS REPRODUCED HEREIN BELOW: RESPECTED SIRS, REF: IN THE MATTER OF SHRI SAURABH AGARWAL APPEAL NO.7008 &7009/MUM/2018 ASST.YEAR 2007-08 & 2008-09 HEARING HELD ON 05/01/2021 SUB: SUBMISSION OF LETTER FOR WITHDRAWAL OF APPEA L. WITH REFERENCE TO THE CAPTIONED APPEAL, WE HAVE TO SUBMIT THAT DURING THE COURSE OF HEARING HELD ON 05.01.2021, THE HON'BLE BENCH HAS GIVEN A DIRECTION TO SUBMIT THE WITHDRWAL LETTER SINCE THE APPELLANT HAD FILED THE APPLICATION UNDER VIWAD SE VISHWAS SC HEME FOR THE SAID ASSESSMENT YEAR. THE SAID APPLICATION FORM IS BEING ATTACHED FOR YOUR HONOUR READY REFERENCE AND RECORDS. HENCE, IN VIEW OF THE SAID APPLICATION BEING FILED UNDER THE VIWAD SE VISHWAS SCHEME, THE APPELLANT PRAYS THAT THE SAID APPEAL FILED AND BEING PENDING FOR DISPOSAL MAY KINDLY BE TREATED AS WITHDRAWN BY THE APPELLANT, SUBJECT TO THE FINAL ACCEPTANCE OF T HE SAID APPLICATION BY DEPARTMENT FILED UNDER THE VIWAD SE VISHWAS SCHEME. HENCE, WE REQUEST YOUR HONOUR TO KINDLY TREAT THIS LETTER AS SUITABLE PETITION FOR WITHDRAWAL OF THE APPEAL FOR SAID ASSESSMENT YEAR. INCONVENIENCE CAUSED TO YOUR HONOUR IN THIS MATTER IS HIGHLY REGRETTED. THANKING YOU, YOURS FAITHFULLY, FOR SHAH & TAPARIA CHARTERED ACCOUNTANTS SD/- 3. SHRI SANJAY J SETHI, REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. HEARD. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTED FOR VSVS, AND WISHES TO WITHDRAW BOTH THE APPEALS, THE APPEALS BY ASS ESSEE ARE DISMISSED AS WITHDRAWN AT THIS STAGE. 3 ITA NO. 7008/MUM/2018 (A.Y.2008-09) ITA NO. 7009/MUM/2018 (A.Y.2007-08) 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE TH E APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCEL LANEOUS APPLICATION 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. AC IT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. BOTH THE APPEALS ARE DISMISSED AS WITHDRAWN W ITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 05/01/2021 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI