ACIT -24(1), Mumbai V. M/S DHANTAK & COMPANY, Mumbai

ITA 916/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1477 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 18-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY SETHI
• Keywords: Competent authority; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , D BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH , JM ITA NO. 916 /MUM/ 20 19 ( ASSESSMENT YEAR : 2006 - 07 ) THE ASSISTANT COMMISSIONER OF INCOME TAX - 24(1) ROOM NO.6 04, PIRAMAL CHAMBERS JEEJEEBHAY LANE LALBAUG, PAREL MUMBAI - 400 012 VS. M/S. DHANTAK & COMPANY 601, DHANTAK PLAZA MAKWANA ROAD ANDHERI (E) MUMBAI 400 059 PAN/GIR NO. AAAFD0781F (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SANJAY SETHI ASSESSEE BY MS. RITU PUNJABI DATE OF HEARING 11 / 02/ 202 1 DATE OF PRONOUNCEMENT 11 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : THIS APPEAL IN ITA NO. 916/MUM/2019 FOR A.Y. 2006 - 07 ARISES OUT OF THE ORDER BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - 36, MUMBAI IN APPEAL NO. CIT(A) - 36/IT - 83/ADDL. CIT 20(2)/2008 - 09 DATED 30/11/2018 (LD. CIT(A) IN SHORT) AGAINST THE ORDER OF ASSESSMENT PASSED U/S.143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) DATED ITA NO . 916/MUM/2019 M/S. DHANT AK & COMPANY 2 31/12/2008 BY THE LD. ADDL . COMMISSIONER OF INCOME TAX, RANGE 20(2), MUMBAI (HEREINAFTER REFERRED TO AS LD. AO). 2. ASSESSEE SUBMITTED A LETTER THROUGH EMAIL DATED 10/02/2021 WHEREIN IT HAS BEEN STATED THAT ASSESSEE HAD FILED AN APPLICATION UNDER VIVAD - SE - VISHWAS SCHEME 2020 WHI CH HAS ALSO BEEN APPROVED BY THE COMPETENT AUTHORITY AND ASSESSEE IS REQUIRED TO PAY TAX BY 31/03/2021. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND THAT ASSESSEE HAD ALREADY AVAILED VIVAD SE VISWAS SCHEME 2020 AND FILED NECESSARY DECLARATION . WE FIND THERE IS NO NEED TO KEEP THIS APPEAL PENDING BEFORE US IN VIEW OF THE DECISION OF HON'BLE HIGH COURT OF MADRAS IN THE CASE OF NANNUSAMY MOHAN (HUF) VS. ACIT IN T.C.A. NO.372 OF 2020 DATED 16.10.2020, WHEREIN H ON'BLE HIGH COURT AFTER CONSIDERING THE INTENTION OF THE ASSESSEE TO AVAIL THE BENEFIT OF VIVAD SE VISWAS SCHEME - 2020 (VSV SCHEME) , HAD DISMISSED THE APPEAL BY OBSERVING IN PARA 7 TO 9 AS UNDER: - 7. AS OBSERVED, THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE, THE REGISTRY SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION, THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS . 8. IN THE LIGHT OF THE ABOVE, WE DIRECT THE APPELLANT/ ASSESSEE 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 AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY A S POSSIBLE PREFERABLY WITHIN A PERIOD OF 6 (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. 9. WITH THIS DECLARATION, THE TAX CASE APPEAL STANDS DISPOSED OF WITH THE AFOREMENTIONED LIBERTY AND CONSEQUENTLY THE SUBSTANTIAL QUES TION OF LAW ARE LEFT UPON. NO COSTS. ITA NO . 916/MUM/2019 M/S. DHANT AK & COMPANY 3 4. IN THE LIGHT OF THE VIEW TAKEN BY HONBLE MADRAS HIGH COURT CITED (SUPRA), WE ALSO GIVE LIBERTY TO THE ASSESSEE TO GET THE APPEAL RESTORED IN THE EVENT THAT THE ASSESSEE DOES NOT SUCCEED ON THE DECLARATION FILED BY THE ASSESSEE UNDER DIRECT TAX VIVAD SE VISWAS SCHEME - 2020. IN OTHER WORDS IF THE ASSESSEES DECLARATION TO BE FILED IS NOT ACCEPTED BY THE REVENUE FOR ANY REASON WHATSOEVER, THE ASSESSEE CAN MAKE A PRAYER BEFORE THE BENCH FOR RECALLING OF THE ORDER BY F ILING A MISCELLANEOUS APPLICATION FOR RESTORATION OF APPEAL. THE REGISTRY WILL PLACE SUCH PETITION BEFORE THE BENCH CONCERNED. 5. IN VIEW OF THE AFORESAID OBSERVATIONS, WE DISMISS THIS APPEAL OF REVENUE WITH A LIBERTY TO GET THE APPEAL RECALLED IN THE EVEN TUALITY OF ASSESSEES DECLARATION (TO BE FILED) NOT GETTING ACCEPTED BY THE REVENUE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON 11 / 02 /202 1 . SD/ - ( AMARJIT SINGH ) SD/ - (M.BAL AGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 11 / 02 / 2021 KARUNA , SR.PS ITA NO . 916/MUM/2019 M/S. DHANT AK & COMPANY 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6 . GUARD FILE. //TRUE COPY//