ATUL C. KAMDAR, MUMBAI V. ITO WARD 13(2)(3), MUMBAI

ITA 7432/MUM/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 1995 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 26-12-2018
• 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 . 7432 // 2018 (. . 2007-08 ) ITA NO.7432/MUM/2018 (A.Y. 2007-08) ATUL C. KAMDAR, C-13, SATYAM COMPLEX, GROUND FLOOR, M.G. ROAD, KHATKOPAR (EAST), MUMBAI-400077 PAN: AADPK4797M ...... % / APPELLANT VS. ACIT, WARD-13(2)(3) ROOM NO. 425, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. ..... &(/ RESPONDENT % )/ APPELLANT BY : NONE &( )/ RESPONDENT BY : SH. SANJAY J. SETHI * / DATE OF HEARING : 01/06/2021 * / DATE OF PRONOUNCEMENT : 01/06/2021 / ORDER PER VIKAS AWASTHY, J.M: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-28, MUMBAI [HE REINAFTER REFERRED TO AS THE CIT(A)] DATED 08/10/2018 FOR THE ASSESSMENT Y EAR 2007-08. 2. A LETTER DATED 19/05/2021 HAS BEEN RECEIVE D BY THE ASSESSEE STATING THAT THE ASSESSEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME , 2020 (IN SHORT VSVS). THE DECLARATION HAS ALREADY BEEN FILED UNDER VSVS A ND FORM-3 IS AWAITED. 2 . 7432 //201 8 (. .2007-08 ) ITA NO.7432/MUM/2018 (A.Y.2007-08) 3. SHRI SANJAY J. SETHI REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS T O AVAIL THE BENEFIT OF VSVS. 4. IN VIEW OF THE FACT THAT THE ASSESSEE H AS OPTED FOR VSVS AND HAS ALREADY FILED DECLARATION, THE APPEAL BY ASSESSEE IS DISMIS SED AT THIS STAGE. 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 16.10.2 020 BY HONBLE MADRAS HIGH COURT] 6. IN THE RESULT, APPEAL BY ASSESSEE IS DISMISSED, WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY , THE 1 ST DAY OF JUNE, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, 2/ DATED: 01/06/2021 SK, PS 3 . 7432 //201 8 (. .2007-08 ) ITA NO.7432/MUM/2018 (A.Y.2007-08) & 3 & 3 & 3 & 3 COPY OF THE ORDER FORWARDED TO : 1. % / THE APPELLANT , 2. &( / THE RESPONDENT. 3. 4 ( )/ THE CIT(A)- 4. 4 CIT 5. & , . . . , / DR, ITAT, MUMBAI 6. 8 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI