BASANTILAL VORILAL SURANA, MUMBAI V. ITO 4(3)(2), MUMBAI

ITA 7176/MUM/2018

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8800 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 13-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SMITA VERMA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 7176/MUM/2018 ASSESSMENT YEAR: 2007-08 BASANTILAL VORILAL SURANA, 903, SWAMIVATSALYA, TB KADAM MARG, CHINCHPOKLI, MUMBAI-400033. VS. INCOME TAX OFFICER-4(3)(2), 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. AAJPS 9550 N APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MS. SMITA VERMA, DR DATE OF HEARING : 07/01/2021 DATE OF PRONOUNCEMENT : 11/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2007-08. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-9, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S. 147 THE INCO ME TAX ACT 1961, (THE ACT). 2. THE APPELLANT FILES A LETTER RECEIVED ON 04.01.2 021, STATING THAT THEY HAVE RECEIVED FORM 3 UNDER DIRECT TAX VIVAD SE VIS HWAS ACT, 2020 (IN SHORT VSV ACT) AND THE ABOVE APPEAL MAY BE TREATE D AS WITHDRAWN. ITA NO. 7176/M/2018 BASANTILAL VORILAL SURANA 2 THE LD. DEPARTMENTAL REPRESENTATIVE (DR) HAS NO OB JECTION TO THE ABOVE. 3. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVAN T MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD 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 APPLICATION OF THE ASSESSEE FOR WIT HDRAWAL OF APPEAL AND KEEPING IN VIEW THE DECISION OF THE HONBLE MAD RAS 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 ASSESSEE TO SEEK THE RESTORATION OF THIS APPEAL IN THE EVENT THE DECLARATION FILED UNDER THE AFORESAID ACT IS CONSIDERED VOID BY THE DEPARTMENT. IT IS FURTHER MA DE CLEAR, IN SUCH EVENTUALITY, IF THE ASSESSEE SEEKS RESTORATION OF T HIS APPEAL BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD B E CONDONED WITHOUT INSISTING UPON FILING ANY APPLICATION FOR CONDONATI ON OF DELAY. ITA NO. 7176/M/2018 BASANTILAL VORILAL SURANA 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11/01/2021. SD/- SD/- (C.N. PRASAD) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 11/01/2021 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