M/S MAHALAXMMI INTERNATIONAL, MUMBAI V. ITO-19 (2)(4), MUMBAI

MA 87/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3534 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 14-07-2022
• Assessment Year: 2011-2012
• Appeal Filed On: 18-04-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 2; 254(2)

Judgement Text

म ु ंबई ठ “ एसएमस ” स , स ए ं एस. ! "# हम न, ेख स े सम( IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER M.A NO.87/MUM/2022 [ Arising out of ITA NO.5200/MUM/2019 (A.Y.2011-12)] M/s. Mahalaxmi International, Prop. Nilesh Kishore Mehta, 5, Trimbak Parshuram Street, 6 th Kumbharwadam, Mumbai 400 004. PAN: AGBPM-7983-P ...... ) * /Applicant बन म Vs. ITO-19(2)(4), Matru Mandir, Tardeo Road, Mumbai 400 007. ..... ) , /Respondent ) * - / Applicant by : Ms. Deepali Bakliwal ) , - /Respondent by : Ms. Mahita Nair स ु न ई . , / Date of hearing : 15/07/2022 /01 . , / Date of pronouncement : 15/07/2022 आदेश/ ORDER PER VIKAS AWASTHY, JM: This Miscellaneous Application under section 254(2) of the Income Tax Act, 1961 [ in short ‘ the Act’ ] has been filed by the assessee, with a prayer to recall the order of Tribunal dated 04/03/2021. 2. Ms. Deepali Bakliwal appearing on behalf of the assessee submitted that the assessee had filed an application to resolve tax dispute under ‘Viwad Se 2 M.A NO.87/MUM/2022(A.Y. 2011-120 Vishwas Scheme, 2020’( in short ‘VSVS’). The appeal of the assessee was dismissed as withdrawn in view of the fact that the assessee has opted for ‘VSVS’. The declaration dated 12/02/2021 in Form No.1 under ‘VSVS’ was rejected by the Designated Authority, hence, the assessee is seeking restoration of appeal. 3. Ms. Mahita Nair representing the Department raised no objection for restoring appeal of the assessee. 4. Both sides heard. The appeal of assessee was dismissed as withdrawn vide Tribunal order dated 04/03/2021 as the assessee had opted for ‘VSVS’. In view of the fact that assessee’s declaration in Form No.1 under ‘VSVS’ has been rejected, the order dated 04/03/2021 is recalled and the appeal of assessee is restored to its original number. 5. The registry is directed to list the appeal for hearing on 29/08/2022. Since, the date of hearing of appeal has been informed to both the sides in the open Court, issuance of separate notice of hearing is dispensed with. 6. In the result, Miscellaneous Application by assessee is allowed. Order pronounced in the open Court on Friday the 15 th day of July, 2022. Sd/- Sd/- (S.RIFAUR RAHMAN) (VIKAS AWASTHY) ेख स /ACCOUNTANT MEMBER स /JUDICIAL MEMBER म ु ंबई/ Mumbai, 2 न ं /Dated 15/07/2022 Vm, Sr. PS(O/S) 3 M.A NO.87/MUM/2022(A.Y. 2011-120 े Copy of the Order forwarded to : 1. */The Appellant , 2. ) , / The Respondent. 3. ु 5,( )/ The CIT(A)- 4. ु 5, CIT 5. 8 9 ) , न , . . ., म ु बंई/DR, ITAT, Mumbai 6. 9 :; " < /Guard file. BY ORDER, //True Copy// (Dy./Asstt. Registrar) Sr.Private Secretary ITAT, Mumbai