TRIPTEE RAJESH JAIN, MUMBAI V. DCIT CC 2 (3), MUMBAI

ITA 7413/MUM/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4101 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 03-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANOOP
• Keywords: Competent authority
• Section: 6

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI SHRI SHAMIM YAHYA (AM) & SHRI AMARJIT SINGH (JM) I.T.A. NO. 7413/MUM/2019 (ASSESSMENT YEAR 2012-13) I.T.A. NO. 7414/MUM/2019 (ASSESSMENT YEAR 2013-14 ) I.T.A. NO. 7415/MUM/2019 (ASSESSMENT YEAR 2014-15 ) I.T.A. NO. 7416/MUM/2019 (ASSESSMENT YEAR 2015-16) I.T.A. NO. 7417/MUM/2019 (ASSESSMENT YEAR 2016-17) I.T.A. NO. 7418/MUM/2019 (ASSESSMENT YEAR 2017-18) TRIPTEE RAJESH JAIN 2602, SUMER TRINITY TOWER 2A, NEW PRABHADEVI ROAD, MUMBAI-400 025. PAN : AADPJ3144R VS. DCIT, CC-2(3) 8 TH FLOOR ROOM NO. 803 OLD CGO BLDG M.K. ROAD MUMBAI-400020. ( APPELLANT ) ( RESPONDENT ) I.T.A. NO. 2347/MUM/2019 (ASSESSMENT YEAR 2012-13) SHRI PARAS KIRTKUMAR SHAH GROUND FLOOR, 401, MANGAL KRIPA, 26/A, TAGORE ROAD SANTACRUZ WEST MUMBAI-400 054. PAN : AEFPS2637J VS. ITO-22(2)(5) ROOM NO. 320 3 RD FLOOR PIRAMAL CHAMBERS LALBAUG, PAREL MUMBAI-400 012. (APPELLANT) (RESPONDENT) I.T.A. NO. 5208/MUM/2019 (ASSESSMENT YEAR 2007-08) KAYCEE DIAMONDS DE 8090 B, BHARAT DIAMOND BOURSE BANDRA KURLA COMPLEX BANDRA, MUMBAI-400 051. PAN : AAAFK1975E VS. ACIT-19(2) MATRU MANDIR 2 ND FLOOR TARDEO ROAD MUMBAI-400 007. (APPELLANT) (RESPONDENT) ASSESSEE BY NONE DEPARTMENT BY SHRI ANOOP DATE OF HEARING 18.05.2021 DATE OF PRONOUNCEMENT 24.05.2021 TRIPTEE RAJESH JAIN KAYCEE DIAMONDS SHRI PARAS KIRTKUMAR SHAH 2 O R D E R PER BENCH :- THESE ARE APPEALS BY DIFFERENT ASSESSEES AGAINST TH E ORDERS OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) [IN SHORT LEAR NED CIT(A)] FOR ASSESSMENT YEARS 2007-08, 2012-13, 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18. 2. AT THE OUTSET, IT IS SUBMITTED THAT ASSESSEES HA VE OPTED FOR SOLUTION OF DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. 3. WE NOTE THAT IN A SIMILAR SITUATION, HON'BLE MAD RAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS . ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER :- 3. THE LEARNED COUNSEL FOR THE APPELLANT/ASSESSEE, ON INSTRUCTIONS, SUBMITTED THAT THE APPELLANT/ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THI S REGARD, THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION/DECLARATION IN FOR M NO. I. 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELOPMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIR ECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) TO PROVIDE FOR RESO LUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. T HE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID ACT, THE ASSESSEE HAS BEEN G IVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES, WHICH MAY BE PENDING AT DIFF ERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL O R BEFORE THE HIGH COURT OR BEFORE THE HON'BLE SUPREME COURT OF INDIA. UNDER S ECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3, WHERE A DECLARANT MEANS A PERSON, WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANC E WITH THE PROVISIONS OF SECTION 4 IN RESPECT OF TAX ARREARS, THEN, NOTWITHSTAND ING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BE ING IN FORCE, THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERM S OF SECTION 3(A-C) THEREUNDER. 6. THE FIRST PROVISO TO SECTION 3 STATES THAT IN CASE, W HERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY T HE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM, THE AMOUNT PAYAB LE SHALL BE ONE-HALF OF THE AMOUNT IN THE TABLE STIPULATED IN SECTION 3 CALCUL ATED ON SUCH ISSUE, IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROV ISO DEALS WITH THE TRIPTEE RAJESH JAIN KAYCEE DIAMONDS SHRI PARAS KIRTKUMAR SHAH 3 CASES, WHERE THE MATTER IS BEFORE THE COMMISSIONER ( APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS W ITH CASES, WHERE THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTI CULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4, SE CTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERTAIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES, WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RE STORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATI ON TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAV OUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDO NATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY TH E ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY S HALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/A SSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION/DECLARATION IN ACCORDANCE WITH THE ACT A ND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ACCORDINGLY, RESPECTFULLY FOLLOWING THE ABOVE AND N OTING THE FACT THAT THE ASSESSEES ARE OPTING FOR RESOLUTION OF DISPUTE UNDE R VSVS SCHEME IN THE PRESENT CASES, WE TREAT THESE APPEALS BEING DISPOSE D OFF AS WITHDRAWN. 4. THE ASSESSEES ARE GIVEN LIBERTY FOR RESTORATION OF APPEALS IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COURT ORDER AS ABOVE. 5. IN THE RESULT, THESE APPEALS BY THE ASSESSEES AR E DISPOSED OF BY TREATING THE SAME AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON 24.5.2021. SD/- SD/- (AMARJIT SINGH) (SHA MIM YAHYA) JUDICIAL MEMBER ACCOUNTAN T MEMBER MUMBAI; DATED : 24/05/2021 COPY OF THE ORDER FORWARDED TO : TRIPTEE RAJESH JAIN KAYCEE DIAMONDS SHRI PARAS KIRTKUMAR SHAH 4 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR) PS ITAT, MUMBAI