NEHA KUNAL WADHWA, MUMBAI v. ITO 24(3)(1), MUMBAI

ITA 7242/MUM/2018 | 2014-2015
Pronouncement Date: 15-03-2021 | Result: Dismissed

Appeal Details

RSA Number 724219914 RSA 2018
Assessee PAN AFUPC2395F
Bench Mumbai
Appeal Number ITA 7242/MUM/2018
Duration Of Justice 2 year(s) 2 month(s) 27 day(s)
Appellant NEHA KUNAL WADHWA, MUMBAI
Respondent ITO 24(3)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-03-2021
Appeal Filed By Assessee
Tags vsvs
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 15-03-2021
Last Hearing Date 05-03-2021
First Hearing Date 05-03-2021
Assessment Year 2014-2015
Appeal Filed On 18-12-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI MAHAVIR SINGH VICE PRESIDENT AND SHRI RAJESH KUMAR ACCOUNTANT MEMBER ITA NO. 7242/MUM/2018 : A.Y : 2014 - 15 SMT. NEHA KUNAL WADHWA C - 117 SAMIR APARTMENT 169 S.V. ROAD ANDHERI (W) MUMBAI 400 058. PAN : AFUPC2395F (APPELLANT) VS. INCOME TAX OFFICER WARD 24(3)(1) MUMBAI. (RESPONDENT) APPELLANT BY : NONE (WITHDRAWAL LETTER DT.17.02.2021) RESPONDENT BY : MS. S MITA VERMA DATE OF HEARING : 05/03/2021 DATE OF PRONOUNCEMENT : 15 /03/2021 O R D E R PER BENCH : THIS APPEAL BY ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 36 MUMBAI (IN SHORT THE CIT(A)) DATED 22.08.2018 PERTAINING TO ASSESSMENT YEAR 2014 - 15. 2. NONE WAS PRESENT FOR THE ASSESSEE. HOWEVER THE ASSESSEE HAS FILED A LETTER DATED 17.02.2021 WITHDRAWING THE APPEAL AS THE ASSESSEE HAS OPTED FOR SOLUTION OF DISPUTE UNDER THE VIVAD SE VISHWAS SCHEME. THE LEARNED DEPARTMENTAL REPRESENTATIVE DID NOT OBJECT TO THE SAME. 2 ITA NO. 724 2 /MUM/2018 SMT. NEHA KUNAL WADHWA 3. WE NOTE THAT IN A SIMILAR SITUATION HON'BLE MADRAS HIGH COURT HAS IN AN APPEAL IN THE CASE OF M/S. NANNUSAMY MOHAN (HUF) VS ACIT VIDE ORDER DATED 16.10.2020 HELD AS UNDER : - 3. THE LEARNED COUNSEL FOR THE APPELLANT / ASSESSEE ON INSTRUCTIONS SUBMITTED THAT THE APPELLANT / ASSESSEE INTENDS TO AVAIL THE BENEFIT OF VIVAD SE VISHWAS SCHEME (VVS SCHEME FOR BREVITY) AND IN THIS REGARD THE ASSESSEE IS TAKING STEPS TO FILE THE APPLICATION / DECLARATION IN FORM NO. I. 4. IT MAY NOT BE NECESSARY FOR THIS COURT TO DECIDE THE SUBSTANTIAL QUESTIONS OF LAW FRAMED FOR CONSIDERATION ON ACCOUNT OF CERTAIN SUBSEQUENT DEVELOPMENTS. THE GOVERNMENT OF INDIA ENACTED THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 (ACT 3 OF 2020) TO PROVIDE F OR RESOLUTION OF DISPUTED TAX AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. THE ACT OF THE PARLIAMENT RECEIVED THE ASSENT OF THE PRESIDENT ON 17 TH MARCH 2020 AND PUBLISHED IN THE GAZETTE OF INDIA ON 17 TH MARCH 2020. 5. IN TERMS OF THE SAID A CT THE ASSESSEE HAS BEEN GIVEN AN OPTION TO PUT AN END TO THE TAX DISPUTES WHICH MAY BE PENDING AT DIFFERENT LEVELS EITHER BEFORE THE FIRST APPELLATE AUTHORITY OR BEFORE THE TRIBUNAL OR BEFORE THE HIGH COURT OR BEFORE THE HON'BLE SUPREME COURT OF INDIA. UNDER SECTION 2(J) DISPUTED TAX HAS BEEN DEFINED. IN TERMS OF SECTION 3 WHERE A DECLARANT MEANS A PERSON WHO FILES A DECLARATION UNDER SECTION 4 ON OR BEFORE THE LAST DATE FILES A DECLARATION TO THE DESIGNATED AUTHORITY IN ACCORDANCE WITH THE PROVISION S OF SECTION 4 IN RESPECT OF TAX ARREARS THEN NOTWITHSTANDING ANYTHING CONTAINED IN THE INCOME TAX ACT OR ANY OTHER LAW FOR THE TIME BEING IN FORCE THE AMOUNT PAYABLE BY THE DECLARANT SHALL BE DETERMINED IN TERMS OF SECTION 3(A - C) THEREUNDER. 6. THE F IRST PROVISO TO SECTION 3 STATES THAT IN CASE WHERE AN APPEAL OR WRIT PETITION OR SPECIAL LEAVE PETITION IS FILED BY THE INCOME TAX AUTHORITY ON ANY ISSUE BEFORE THE APPELLATE FORUM THE AMOUNT PAYABLE SHALL BE ONE - HALF OF THE AMOUNT IN THE TABLE STIPULAT ED IN SECTION 3 3 ITA NO. 724 2 /MUM/2018 SMT. NEHA KUNAL WADHWA CALCULATED ON SUCH ISSUE IN SUCH A MANNER AS MAY BE PRESCRIBED. THE SECOND PROVISO DEALS WITH THE CASES WHERE THE MATTER IS BEFORE THE COMMISSIONER (APPEALS) OR BEFORE THE DISPUTE RESOLUTION PANEL. THE THIRD PROVISO DEALS WITH CASES WHER E THE ISSUE IS PENDING BEFORE THE INCOME TAX APPELLATE TRIBUNAL. THE FILING OF THE DECLARATION IS AS PER SECTION 4 OF THE ACT AND THE PARTICULARS TO BE FURNISHED ARE ALSO MENTIONED IN THE SUB SECTIONS OF SECTION 4. SECTION 5 OF THE ACT DEALS WITH THE TIME AND MANNER OF THE PAYMENT AND SECTION 6 DEALS WITH IMMUNITY FROM INITIATION OF PROCEEDINGS IN RESPECT OF OFFENCE AND IMPOSITION OF PENALTY IN CERTAIN CASES. SECTION 9 OF THE ACT DEALS WITH CASES WHERE THE ACT 3 OF 2020 WILL NOT BE APPLICABLE. 7. AS OBSE RVED THE ASSESSEE IS GIVEN LIBERTY TO RESTORE THIS APPEAL IN THE EVENT THE ULTIMATE DECISION TO BE TAKEN ON THE DECLARATION TO BE FILED BY THE ASSESSEE UNDER SECTION 4 OF THE SAID ACT IS NOT IN FAVOUR OF THE ASSESSEE. IF SUCH A PRAYER IS MADE THE REGISTR Y SHALL ENTERTAIN THE PRAYER WITHOUT INSISTING UPON ANY APPLICATION TO BE FILED FOR CONDONATION OF DELAY IN RESTORATION OF THE APPEAL AND ON SUCH REQUEST MADE BY THE ASSESSEE BY FILING A MISCELLANEOUS PETITION FOR RESTORATION THE REGISTRY SHALL PLACE SUCH PETITION BEFORE THE DIVISION BENCH FOR ORDERS. 8. IN THE LIGHT OF THE ABOVE WE DIRECT THE APPELLANT / ASSESSEE TO FILE THE FORM NO.I ON OR BEFORE 20.11.2020 AND THE COMPETENT AUTHORITY SHALL PROCESS THE APPLICATION / DECLARATION IN ACCORDANCE WITH THE A CT AND PASS APPROPRIATE ORDERS AS EXPEDITIOUSLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF SIX (6) WEEKS FROM THE DATE ON WHICH THE DECLARATION IS FILED IN THE PROPER FORM. ACCORDINGLY RESPECTFULLY FOLLOWING THE ABOVE AND NOTING THE FACT THAT THE ASSESSE E IS OPTING FOR RESOLUTION OF DISPUTE UNDER VIVAD SE VISHWAS SCHEME IN THE PRESENT APPEAL WE TREAT THE APPEAL AS DISPOSED OFF AS WITHDRAWN. 4 ITA NO. 724 2 /MUM/2018 SMT. NEHA KUNAL WADHWA 4. THE ASSESSEE IS GIVEN LIBERTY FOR RESTORATION OF APPEAL IN ACCORDANCE WITH PARAGRAPH 7 OF THE HON'BLE HIGH COU RT ORDER AS ABOVE. 5. IN THE RESULT THE APPEAL BY THE ASSESSEE IS DISPOSED OF BY TREATING THE SAME AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 1 5 T H MARCH 202 1. SD/ - SD/ - ( MAHAVIR SINGH ) VICE PRESIDENT (RAJESH KUMAR) ACCOUNTANT MEMBER MUMBAI DATE : 1 5 T H MARCH 20 21 *SSL* COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R SMC BENCH MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T MUMBAI