STERLING HOLIDAY RESORTS LIMITED,TAMIL NADU vs. DEPUTY COMMISSIONER OF INCOME TAX 2(3)(1), MUMBAI

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ITA 842/MUM/2024Status: DisposedITAT Mumbai25 April 2025AY 2013-14Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI PRABHASH SHANKAR (Accountant Member)2 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 assessee informed the tribunal that they had opted for the Direct Tax-Vivad Se Vishwas Scheme, 2024. Consequently, the appeal was treated as withdrawn and dismissed.

What were the facts?

The assessee company filed an appeal against the CIT(A) order pertaining to an assessment order u/s 143(3) for AY 2013-14. The original grounds of appeal concerned disallowance of legal/professional expenditure and bad debts.

What were the issues?

Whether the appeal can be treated as withdrawn and dismissed due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 91

AI-generated summary — verify with the full judgment below

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR

For Respondent: Shri Leyaqat Ali Aafaqui (Sr. AR)
Hearing: 15.04.2025Pronounced: 25.04.2025

PER PRABHASH SHANKAR [A.M.] :- The present appeal arising from the appellate order dated 29.12.2023 is filed by the assessee company against the order passed by the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] pertaining to assessment order u/s. 143(3) of the Income-tax Act, 1961 [hereinafter referred to as “Act”] dated 30.03.2016 as passed by the Income Tax Officer, Ward-2(3)(3), Mumbai for the Assessment Year [A.Y.] 2013-14. P a g e | 2 A.Y. 2013-14 Sterling Holiday Resorts Limited 2. In the grounds of appeal, the assessee agitated disallowance of Legal and professional expenditure and also disallowance of Bad Debts as made by the ld.AO while passing the assessment order u/s 143(3) of the Act.

3.

When the case was called out for hearing today, the ld. Authorised Representative of the assessee intimated that the company had opted for Direct Tax-Vivad Se Vishwas Scheme, 2024 for the relevant assessment year. In this regard Form no.1, being the Form for filing declaration under sub-section(1) and undertaking under sub- section(4) of section 91 of the Finance Act(No.2) Act 2024 filed by the assessee under the above scheme are placed on record. In view of these facts, the impugned appeal is treated as withdrawn and accordingly dismissed. However, the assessee is allowed the liberty to revive it again, in case of non-acceptance of its application under the above scheme by the Revenue.

P a g e | 3 A.Y. 2013-14 Sterling Holiday Resorts Limited 4. In the result, the appeal having been withdrawn is treated as dismissed.

Order pronounced in the open court on 25/04/2025. NARENDER KUMAR CHOUDHRY PRABHASH SHANKAR (न्याययक सदस्य /JUDICIAL MEMBER) (लेखाकार सदस्य/ACCOUNTANT MEMBER)

Place: म ुंबई/Mumbai ददनाुंक /Date 25.04.2025 Lubhna Shaikh / Steno

आदेश की प्रयियलयि अग्रेयिि/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आयुक्त / CIT 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 5. गार्ड फाईल / Guard file.

सत्यावपि प्रवि //// आदेशानुसार/ BY ORDER,

उि/सहायक िंजीकार (Dy./Asstt.

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