ASHWIN M. DOSHI, MUMBAI V. ACIT, 17(1), MUMBAI

ITA 791/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8695 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 13-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 791/MUM/2019 ASSESSMENT YEAR: 2015-16 SHRI ASHWIN M. DOSHI, 6, KITAB MAHAL, 192, DR. D.N. ROAD, MUMBAI-400 001. VS. THE ASST. COMMISSIONER OF INCOME TAX-17(1), AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI - 400020. PAN NO. AAPPD 00001 K APPELLANT RESPONDENT ASSESSEE BY : MR. KALPESH TURALKAR, AR REVENUE BY : MR. BRAJENDRA KUMAR, DR DATE OF HEARING : 05/01/2021 DATE OF PRONOUNCEMENT : 06/01/2021 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVA NT ASSESSMENT YEAR IS 2015-16. THE APPEAL IS DIRECTED AGAINST THE ORDER O F THE COMMISSIONER OF INCOME TAX (APPEALS)-28, MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) THE INCOME TAX ACT 1961, (THE ACT). 2. THE LD. COUNSEL FOR THE APPELLANT SUBMITS THAT T HE ASSESSEE HAS FILED DECLARATION UNDER DIRECT TAX VIVAD SE VISHWAS ACT, 2020 (IN SHORT VSV ACT). THUS IT IS SUBMITTED THAT THE ASSESSEE WANTS TO AVA IL THE BENEFIT OF THE ABOVE ACT. ITA NO. 791/MUM/2019 SHRI ASHWIN M. DOSHI 2 THE LD. DR HAS NO OBJECTION TO THE ABOVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORD. THE GOVERNMENT OF INDIA ENACTED THE DIRE CT 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 THERETO. T HE 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 SAI D 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 THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE SUP REME COURT OF INDIA. CONSIDERING THE SUBMISSIONS OF THE LD. COUNSELS APP EARING FOR THE PARTIES AND KEEPING IN VIEW THE DECISION OF THE HON BLE MADRAS 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 MADE CLEAR, I N SUCH EVENTUALITY, IF THE ASSESSEE SEEKS RESTORATION OF THIS APPEAL BY FILING MISCELLANEOUS APPLICATION, THE DELAY IF ANY WOULD BE CONDONED WITHOUT INSISTIN G UPON FILING ANY APPLICATION FOR CONDONATION OF DELAY. ITA NO. 791/MUM/2019 SHRI ASHWIN M. DOSHI 3 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN, SUBJECT TO THE OBSERVATION ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 06/01/2021. SD/- SD/- ( C.N. PRASAD ) ( N.K. PRADHAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 06/01/2021 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