JASMIN K AJMERA , MUMBAI V. DCIT CC 2(2) , MUMBAI

MA 43/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4129 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 20-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

MA No 43/Mum/2022 In ITA No.984/Mum/2020 Assessment year: 2012-13 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘A’ BENCH, MUMBAI [Coram: Pramod Kumar (Vice President), and Sandeep Singh Karhail (Judicial Member)] MA No 43/Mum/2022 In ITA No.984/Mum/2020 Assessment year: 2012-13 Jasmin K. Ajmera ................ Appellant 4 th Floor, Ajmera House, Pathakwadi, LT MArg, Mumbai 400002 [PAN: AABPA7827Q] Vs. Deputy Commissioner of Income Tax Central Circle 2(2) Mumbai ............ Respondent Appearances by Kailash Shinare for the applicant Milind Chavan for the respondent Date of concluding the hearing : May 20, 2022 Date of pronouncement the order : May 30, 2022 ORDER Per Pramod Kumar, VP: 1. By way of this rectification petition, the assessee applicant seeks recall of the Tribunal vide order dated 30.07.2021, the Tribunal has dismissed the appeal on the short ground that the assessee has settled the matter under the Vivad se Vishwas Scheme, 2020, but as the matter of fact no such settlement is ultimately be arrived at. It is pointed out that the assessee applicant could not make payment of the along determine under the Vivad se Vishwas Scheme, 2020, within the prescribe time limit and accordingly the declaration filed by the applicant under the Vivad se Vishwas Scheme, 2020, shall be presumed never to have been made. MA No 43/Mum/2022 In ITA No.984/Mum/2020 Assessment year: 2012-13 Page 2 of 2 2. We have heard the rival contentions, perused the material on record and duly considered the facts of the case in the light of the applicable legal position. 3. We find that the Tribunal, while dismissing the appeal has proceeded on the basis that the matter is resolved under the Vivad se Vishwas Scheme, 2020. However as evident from the subsequent developments-which are not in dispute, the matter could not be resolved under the Vivad se Vishwas Scheme, on account of lapse on the part of the assessee to making the requisite payment. Under these circumstances, as learned counsel for the assessee rightly points out the appeal cannot be dismissed as withdrawn under the Vivad se Vishwas Scheme, 2020. We therefore we deem it fit and proper to recall the impugned order, dismissing the appeal, and direct the registry to post the appeal for hearing on merits in the month of July 2022. 4. In the result, miscellaneous application is allowed in the terms indicated above. Pronouncement in the open court today on the 30 th May, 2022. Sd/- Sd/- Sandeep Singh Karhail Pramod Kumar (Judicial Member) (Vice President) Mumbai, dated the 30 th May, 2022 Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File By order True Copy Assistant Registrar/ Sr. PS Income Tax Appellate Tribunal Mumbai benches, Mumbai