JAYANTILAL SHAH, MUMBAI V. INCOME TAX OFFICER-21(1)(5), MUMBAI

MA 201/MUM/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8130 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 12-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RADHAKANT SARAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “SMC”, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A. No. 201/Mum/2021 (Arising out of ITA No. 5149/Mum/2019) (Assessment Year : 2012–13) Jayantilal Shah, 78, Kakad Industrial Estate, LJ Road, Mahim, Mumbai - 400016 PAN: AAPPS5019N Vs. The Asst. Commissioner of Income Tax, Circle 26(3), Pratyaksha Kar Bhavan, C-11, B.K.C., Bandra (E), Mumbai - 400051 (Appellant) (Respondent) Assessee by : Radhakant Sarat (AR) Revenue by : B.K. Bagchi (DR) Date of Hearing: 12/11/2021 Date of Pronouncement: 18/11/2021 O R D E R PER SAKTIJIT DEY, JM By way of this application, assessee seeks recall of order dated 18.03.2021 passed in ITA No. 5149/Mum/2019. 2. Learned counsel for the assessee submitted, the assessee has opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. He submitted, intimating this fact the assessee had sent a e-mail to the Registry enclosing copy of the declaration filed under the Vivad Se Vishwas Scheme. He submitted, in the meantime, the assessee has also paid 2 M.A. No. 201/MUM/2021 Assessment Years: 2012-13 the taxes as computed in the certificate issued by the designated authority in Form 3 and awaiting issuance of Form-5. Thus, he submitted, the order disposing of the appeal should be recalled for enabling the assessee to withdraw the appeal. 3. Learned Departmental Representative did not oppose the submissions of the assessee. 4. We have considered rival submissions and perused the materials on record. It is evident, before the date of disposal of the appeal on 18.03.2021, the assessee had already applied for settlement of dispute under the Vivad Se Vishwas Scheme. However, this fact, inadvertently, escaped the attention of the Tribunal while disposing of the appeal. Therefore, to facilitate the assessee to get the benefit of settling the dispute under the Vivad Se Vishwas Scheme, 2020, we are inclined to recall the order dated 18.03.2021 passed in ITA No. 5149/Mum/2019. However, considering the submission of the assessee that he has already received Form 3 issued by the designated authority and has paid the taxes and only awaiting issuance of Form-5, no useful purpose would be served in restoring the appeal to its original position for re-hearing. More so, when the assessee ultimately seeks withdrawal of the appeal. 5. In view of the aforesaid, though, we recall the order dated 18.03.2021 in ITA No. 5149/Mum/2019, however, we treat the appeal as withdrawn and accordingly, dismissed. 3 M.A. No. 201/MUM/2021 Assessment Years: 2012-13 6. In the result, miscellaneous application is allowed as indicated above. Order pronounced in the open court on 18 th November, 2021. Sd/- Sd/- (S. RIFAUR RAHMAN) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER म ुंबई Mumbai; दिन ुंक Dated: 18/11/2021 Alindra, PS आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //True Copy// उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीिीय अतिकरण, म ुंबई / ITAT, Mumbai