HOTEL BALWAS PVT. LTD, Mumbai V. DCIT-5(1)(2), Mumbai

ITA 77/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0116 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2013-2014
• Appeal Filed On: 04-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GURBINDER SINGH
• Assessee Lawyers: CHETAN KAKA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI , !',#$% BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 77 / / 2019 ($). .2013-14 ) ITA NO. 77/MUM/2019 (A.Y.2013-14) HOTEL BALWAS PRIVATE LIMITED, 265E, BELLASIS ROAD, OPP. BEST DEPOT, MUMBAI CENTRAL, MUMBAI 400 008 PAN: AABCI 0967J / VS. : / APPELLANT THE DY. CIT 5(1)(2), ROOM NO.568, 5 TH FLOOR, AAYKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. : / RESPONDENT ASSESSEE BY : SHRI CHETAN KAKA REVENUE BY : SHRI GURBINDER SINGH / DATE OF HEARING : 16/12/2020 / DATE OF PRONOUNCEMENT : 16/12/2020 / ORDER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-10, MUMBAI ( IN SHORT THE CIT (A)) DATED 30/10/2018 FOR THE ASSESSMENT YEAR 2013-14. 2 ITA NO. 77/MUM/2019 (A.Y.2013-14) 2. THE ASSESSEE HAS FILED AN APPLICATION DATED 16/1 2/2020 INTIMATING THAT THE ASSESSEE IS CONTEMPLATING TO OPT FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS). 3. SHRI GURBINDER SINGH, REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO AVAIL THE BENEFIT OF VSVS. 4. HEARD. IN VIEW OF THE FACT THAT THE ASSESSEE IS OPTING FOR VSVS THE APPEAL OF ASSESSEE IS DISMISSED AT THIS STAGE. 5. LIBERTY IS GRANTED TO THE ASSESSEE TO RESTORE TH E APPEAL 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. A CIT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. THE APPEAL OF ASSESSEE IS DISMISSED AT THIS S TAGE WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON WEDNESDAY THE 16 TH DAY OF DECEMBER, 2020. SD/- SD/- ( SHAMIM YAHYA ) (VIKAS AWASTHY) / ACCOUNTANT MEMBER #$ / JUDICIAL MEMBER / MUMBAI, +)/ DATED: 16/12/2020 VM , SR. PS(O/S) 3 ITA NO. 77/MUM/2019 (A.Y.2013-14) COPY OF THE ORDER FORWARDED TO : 1. ', / THE APPELLANT , 2. -$. / THE RESPONDENT. 3. /. ( ) / THE CIT(A)- 4. /. CIT 5. ! 01-$.$) , . . . , / DR, ITAT, MUMBAI 6. 12345 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI