M/S JAYANTILAL CHAMPALAL JAIN HUF,MUMBAI vs. ITO WARD 18(1)(5), MUMBAI

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ITA 4843/MUM/2019Status: DisposedITAT Mumbai31 May 2021AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the appeal at this stage, granting the assessee liberty to revive it if their declaration under the Vivad se Vishwas Scheme is not accepted.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT to avail the benefit of the 'Vivad se Vishwas Scheme'. The Department had no objection to the withdrawal.

What were the issues?

Whether the assessee can withdraw their appeal to opt for the Vivad se Vishwas Scheme and the conditions for revival of the appeal.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 31/05/2021Pronounced: 31/05/2021

अपीलाथ� �वारा/ Appellant by : Shri Vipul Jain ��तवाद� �वारा/Respondent by : Shri Sanjay Sethi सुनवाई क� �त�थ/ Date of hearing : 31/05/2021 घोषणा क� �त�थ/ Date of pronouncement : 31/05/2021 आदेश/ ORDER

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-53, Mumbai (in short ‘the CIT(A)’) dated 29/5/2019 for the assessment year 2009-10.

2.

Shri Vipul Jain, ld. Authorized Representative for the assessee submitted a letter dated 31/05/2021 stating that assessee has opted for ‘Viwad Se Vishwas

आअसं. 4843/मुं/2019 (�न.व.2009-10) (A.Y.2009-10) Scheme, 2020’( in short ‘VSVS’) and hence, want to withdraw the appeal, with a liberty to revive in case declaration is not accepted.

3.

Shri Sanjay Sethi representing the Department stated that the Department has no objection if the assessee wants to withdraw appeal to avail the benefit of ‘VSVS’.

4.

A perusal of the letter filed by the ld. Authorized Representative for the assessee shows that the declaration filed by assessee has not been accepted by the Designated Authority so far and Form No.3 is yet to be received.

5.

Liberty is granted to the assessee to revive appeal in the event declaration filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee/appellant seeks to restore the appeal in the event assessee’s declaration under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court].

6.

In the result, the appeal of assessee is dismissed at this stage with the liberty aforesaid. Order pronounced in the open court on Monday, the 31st day of May, 2021.

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