MANTHAN BAR AND RESTAURANT,THANE vs. ASST. CIT CC 2, THANE, THANE

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ITA 5053/MUM/2024Status: DisposedITAT Mumbai27 February 2025AY 2019-20Bench: the Tribunal within the period prescribed.4 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Assessee had opted for settlement under the Vivad Se Vishwaas Scheme. Consequently, the appeal was dismissed as withdrawn, with liberty granted to revive it if the settlement application did not resolve the dispute.

What were the facts?

The Assessee challenged an order from the CIT(A) that dismissed their appeal against an assessment order under Section 143(3). The Assessee subsequently filed an application under the 'The Direct Tax Vivad Se Vishwaas Scheme, 2024' for settlement.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the Assessee opting for settlement under the Vivad Se Vishwaas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, D” BENCH, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL "D” BENCH, MUMBAI SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER MS. RENU JAUHRI, ACCOUNTANT MEMBER Manthan Bar and Restaurant 231 Billes Bldg, Laxmi Ben Cheda Nagar, Nallasopara west, Maharashtra – 402 103. [PAN:AAQFM5809D] …………. Appellant Vs ACIT Central Circle, Thane 6th floor, Ashar IT Park, Road No. 16Z, Wagle Ind. Estate, Thane – 400 604, Maharashtra …………. Respondent Appearance For the Appellant/Assessee : Shri Ashish Thakurdesai For the Respondent/Department : Shri R. R. Makwana Date Conclusion of hearing : 12.02.2025 Pronouncement of order : 27.02.2025 O R D E R Per Rahul Chaudhary, Judicial Member:

1. 1. By way of the present appeal the Assessee has challenged the order passed by the Ld. Commissioner of Income Tax (Appeals), Mumbai [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had dismissed the appeal of the Assessee against the assessment order passed under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year 2019-20.

2. When the appeal was taken up for hearing the Learned Authorised Representative for the Appellant/Assessee submitted that the Appellant/Assessee has filed application under the ‘The Direct Tax – Vivad Se Vishwaas Scheme, 2024’ opting for settlement. In this regard reliance was on record copy of Form 1 DTVSV 2024 e-filed under the ‘The Direct Tax – Vivad Se Assessment Year: 2019-20 Vishwaas Scheme’, 2024 on 30/01/2025 having e-filing Acknowledgment Number 850787560300125 and submitted that the Assessee has opted for settlement under the Vivad Se Vishwaas Scheme - 2024. In view of the aforesaid, the present appeal preferred by the Assessee is dismissed as withdrawn with liberty granted to the Assessee to revive the same in case the application filed by the Assessee does not result in settlement of dispute by way of filing miscellaneous application before the Tribunal within the period prescribed.

3.

In terms of aforesaid the present appeal is dismissed as withdrawn.

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