SHRI. PRAVIN FUTARMAL JAIN, Mumbai V. ITO 18(2)(5), Mumbai

MA 283/MUM/2021

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1692 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 24-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण मुंबई पीठ “एस एम सी”, मुंबई ᮰ी िवकास अव᭭थी, ᭠याियक सद᭭य के समᭃ IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER एम.ए.सं. 283/मुं/2021 इन.आ.अ.सं.4540/मुं/2019 (िन.व.2010-11) M.A. NO.283/MUM/2021 in ITA No. 4540/MUM/2019 (A.Y.2010-11) Pravin Futarmal Jain Office No. 6, Jewel Co-op. Society Ltd. 3 rd Floor, 44/46 Dhanji Street, Mumbai-400003. PAN: AAACPJ5627L ...... ᮧाथᭅक/Applicant बनाम Vs. ITO 18(2)(5), Earnest House, NCPA Marg, Nariman Point, Mumbai-400021. ..... ᮧितवादी/Respondent ᮧाथᭅक ᳇ारा/ Applicant by : Sh. Vimal Punmiya ᮧितवादी ᳇ारा/Respondent by : Sh. B.K. Bagchi सुनवाई कᳱ ितिथ/ Date of hearing : 04/02/2022 घोषणा कᳱ ितिथ/ Date of pronouncement : 04/02/2022 आदेश/ ORDER PER VIKAS AWASTHY, J.M: This Miscellaneous Application (MA) has been filed by the assessee with a prayer to recall order of the Tribunal dated 07.01.2021 in ITA No. 4540/Mum/2019 for Assessment Year (AY) 2010-11. 2 एम.ए.सं. 283/मुं/2021 (िन.व.2010-11) M.A. NO.283/MUM/2021 (A.Y.2010-11) 2. Sh. Vimal Punmiya appearing on behalf of the assessee submitted that the appeal of the assessee was dismissed, as the assessee had expressed his intention to opt for Vivad se Viswas Scheme, 2020 (VSVS). The Tribunal while dismissing the appeal had granted liberty to the assessee to revive the appeal in case the proceedings under VSVS fails to mature. The ld. Authorized Representative (AR) stated that the assessee had assigned the task of filing declaration under VSVS to his Chartered Accountant (CA) who was handling assessee’s tax matters. The said CA on account of his pre-occupation with audit work inadvertently failed to file declaration under VSVS in assessee’s case. Hence, the appeal is now to be decided on merits. The ld. AR prayed for recalling the order dated 07.01.2021 and restoring the appeal for decision on merits. 3. Sh. B.K. Bagchi representing the Department stated that the Revenue has no objection, if the order dated 07.01.2021 is recalled and appeal is listed for hearing on merits. 4. Both sides heard. The Tribunal vide order dated 07.01.2021 had dismissed the appeal of assessee in ITA No. 4540/Mum/2019 in view of the fact that the assessee was opting for VSVS. Liberty was granted to the assessee to revive the appeal in the event declaration filed by the assessee under VSVS fails to mature. Since, the assessee failed to file declaration under VSVS for the reasons stated by ld. AR of the assessee, now, appeal of the assessee is to be decided on merits. Consequently, the order dated 07.01.2021 is recalled and the appeal is restored to its original number. The Registry is directed to list the appeal for hearing on 21.03.2022. 3 एम.ए.सं. 283/मुं/2021 (िन.व.2010-11) M.A. NO.283/MUM/2021 (A.Y.2010-11) Since, the date of hearing of appeal has been informed to both the sides during the course of virtual hearing, issuance of separate notice for intimating the date of hearing is dispensed with. 5. In the result, MA filed by the assessee is allowed in the terms aforesaid. Order pronounced in the open court on Friday, the 04 th day of February, 2022. Sd/- (VIKAS AWASTHY) ᭠याियक सद᭭य / JUDICIAL MEMBER मुंबई/Mumbai, ᳰदनांक/Dated: 04/02/2022 SK, Sr.PS ᮧितिलिप अᮕेिषतCopy of the Order forwarded to : 1. अपीलाथᱮ/The Appellant , 2. ᮧितवादी/ The Respondent. 3. आयकर आयुᲦ(अ)/ The CIT(A)- 4. आयकर आयुᲦ CIT 5. िवभागीय ᮧितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT, Mumbai 6. गाडᭅ फाइल/Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) ITAT, Mumbai