M. ABBAS & CO., MUMBAI V. ACIT 24(2), MUMBAI

MA 324/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5067 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 30-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DINKLE H. HARIYA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “B" BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER & MS KAVITHA RAJAGOPAL, HON'BLE JUDICIAL MEMBER M.A. NO.324/MUM/2021 [ARISING OUT OF ITA.NO.1224/MUM/2015 (A.Y: 2009-10)] M. Abbas & Co., 1/2, Majid Ali Mansion Bhardawadi, Andheri (W) Mumbai - 400058 PAN: AANFM4548C v. ACIT – 24(1) Circle – 24(2) {Now Circle – 24(1)} Room No. 601 Piramal Chambers, Lalbaug Mumbai – 400 012 (Appellant) (Respondent) Assessee by : Dinkle H. Hariya Department by : S.N. Kabra Date of Hearing : 25.02.2022 Date of Pronouncement : 04.03.2022 O R D E R PER S. RIFAUR RAHMAN (AM) 1. Through this Miscellaneous Application the assessee is seeking recall of the order passed by the Tribunal in ITA.No. 1224/Mum/2015 dated 15.02.2021 for the A.Y. 2009-10. 2. Assessee in his application stated that, during the appellate proceedings, assessee has filed Form-1 and 2 under the Direct Tax Vivad Se Vishwas Act, 2020 and requested for withdrawal of the appeal. ITAT 2 M.A. NO.324/MUM/2021 M. Abbas & Co., observing that as assessee has opted for Vivad Se Vishwas Scheme, passed order dated 15.02.2021 dismissing the appeal as withdrawn. Ld. AR submitted that as assessee could not make the payment of the amount determined to be payable under the Vivad Se Vishwas Scheme within the time limit provided under the VSV Scheme. Thus, the declaration filed by the assessee under the VSV Scheme shall be presumed never to have been made and, thus, as per section 4(6) of the VSV Scheme, all the proceedings which were withdrawn by the assessee under section 4 of the VSV Scheme and all the consequences under the Income-tax Act against the assessee, with respect to the above mentioned appeal, shall be deemed to have been revived. Ld. AR therefore prays for recall of the order in the interest of the justice. 3. Ld. DR has no serious objection in recalling the order. 4. On hearing both the parties, we observe that the Vivad Se Vishwas Scheme application filed by the assessee before income tax authorities, accordingly, the assessee could not make the payment of the amount determined to be payable under the Vivad Se Vishwas Scheme within the time limit provided under the VSV Scheme. As per the terms of the Vivad Se Vishwas Scheme, the application filed by the assessee becomes infructuous, hence Assessee requested for recall of the order passed 3 M.A. NO.324/MUM/2021 M. Abbas & Co., dated 15.02.2021. Following the decision of the Hon'ble Madras High Court in the case of M/s. Nannusamy Mohan (HUF) v. ACIT in T.C.A. No. 372 of 2020 dated 16.10.2020 we recall of order passed by the Tribunal dated 15.02.2021 in ITA.No. 1224/Mum/2015 and restore the appeal filed by the assessee. Therefore, the Registry is directed to post the appeal for hearing in due course after issuing notice to both the parties. 5. In the result, Miscellaneous Application filed by the assessee is allowed. Order pronounced on 04.03.2022 as per Rule 34(4) of ITAT Rules by placing the pronouncement list in the notice board. Sd/- Sd/- (KAVITHA RAJAGOPAL) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 04.03.2022 Giridhar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy// BY ORDER (Asstt. Registrar) ITAT, Mum