JAYANT VORA L/H OF Smt. Gitanjali J. Vora, V. DCIT Central Circle 46,

ITSSA 481/MUM/2004

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4633 (ITAT-MUMBAI)
• Duration Of Justice: 16 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 04-03-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: misc
• Appeal Filed On: 23-08-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI AMARJIT SINGH, JM / I .T.(SS) NO.481 /MUM/20 04 ( / ASSESSMENT YEAR BLOCK PERIOD: 01/04/19 9 0 TO 22/01/2001 ) / I .T.(SS) NO.482 /MUM/20 04 ( / ASSESSMENT YEAR BLOCK PERIOD: 01/04/1990 TO 22/01/2001 ) JAYANT VORA L/H GITANJALI VORA CHEMSPEC CHEMICALS PVT. LTD. UNION COMMERCIAL HOUSE, 9 WALLACE STREET, FORT, MUMBAI . / VS. DCIT CENTRAL CIRCLE - 46 AAYAKAR BHAVAN, MUMBAI . ./ ./ PAN/GIR NO. : ABAPV1906B ( / APPELLANT ) .. ( / RESPONDENT ) / DATE OF HEARING: 04 /03 /20 21 /DATE OF PRONOUNCEMENT: 04 /03 / 2021 / O R D E R PER AMARJIT SINGH, JM: THESE TWO APPEAL S FILED BY THE ASSESSEE AGAINST TH E COMMON ORDER DATED 24 . 0 6 .201 4 PASSED BY THE COMMIS SIONER OF INCOME TAX (APPEALS) - CENTRAL II, MUMBAI [HEREINAFTER REFERRED TO AS THE CIT(A)]. RELEVANT TO THE A.Y S BLOCK PERIOD FROM 01.04.1990 TO 22.01.2001. 2. WE HAVE HEARD THE ARGUMENTS ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WHEN THESE APPEALS WERE CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HAS PREFERRED TO GO WITH VIVAD SE VISHWAS SCHEME AND IN THIS REGARD TH E LETTER DATED 23.1 2.202 0 & 24.12.2020 HAS BEEN FILED. COPY OF LETTER IS ON RECORD WHICH SPEAKS THAT THE ASSESSEE HAS AVAILED THE VIVAD SE VISHWAS SCHEME ASSESSEE BY : SHRI BURZIN REVENUE BY: SHRI T.S. KHALSA (SR. A R) IT(SS) NO S . 481 TO 482 /M UM /20 04 A.Y. BLOCK PERIOD 01.04.1990 TO 22.01.2001 2 AND FORM NOS. 1 & 2 HAS BEEN FILED. THE CLAIM OF THE ASSESSEE HAS BEEN APP ROVED BY DEPARTMENT AND THE DEPARTMENT ISSUED THE FORM - 3 VIDE ACKNOWLEDGEMENT NO.773188790011220 DATED 01.12.2020 UNDER THE SAID SCHEME. IN VIEW OF THE SAID SUBMISSION, THE APPEAL S CAN BE DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEA L S ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR HAS NO OBJECTION TO THE ABOVE. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL S AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME , THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL S . 5 . IN THE RESULT, ALL THE APPEAL S ARE DIS MISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 04 / 03 /202 1 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED : 04 /03/2021 VIJAY PAL SINGH/SR.PS IT(SS) NO S . 481 TO 482 /M UM /20 04 A.Y. BLOCK PERIOD 01.04.1990 TO 22.01.2001 3 / 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./ASSTT.REGISTRAR) , / ITAT, MUMBAI