RACHNA ANAND SINGH,MUMBAI vs. CIT(A)-38, MUMBAI

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ITA 3985/MUM/2019Status: DisposedITAT Mumbai07 November 2022AY 2010-112 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 noted that the assessee had filed an application under the Vivad Se Vishwas Scheme and the AO had received Form No. 3. Consequently, the appeal was directed to be withdrawn.

What were the facts?

The assessee challenged an addition of Rs. 21,99,000/- as unexplained cash credit. The appeal was filed against the order of the CIT(A) for AY 2010-11. The assessee did not appear for the hearing.

What were the issues?

Whether the addition of unexplained cash credit is sustainable. The appeal was dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 68,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI S. RIFAUR RAHMAN, AM & MS. KAVITHA RAJAGOPAL, JM

For Appellant: Shri Vaibhav Jain
Pronounced: 07.11.2022

: 11.08.2022 Date of Hearing Date of Pronouncement : 07.11.2022 O R D E R Per Kavitha Rajagopal, J. M.:

This appeal has been filed by the assessee, challenging the order of the learned Commissioner of Income Tax (Appeals) (‘ld.CIT(A) for short) – 38, Mumbai, passed u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2010-11.

2.

The assessee has challenged the addition of Rs.21,99,000/- as unexplained cash credit u/s. 68 of the Act made by the Assessing Officer (‘A.O.’ for short) and confirmed by the ld. CIT(A) in the appellate proceedings.

3.

As there was no representation on behalf of the assessee during the appellate proceeding, we proceed to decide this appeal by hearing the ld. Departmental

(A.Y. 2010-11) Rachna Anand Singh vs. CIT(A)

Representative (ld. DR for short) and on perusal of the materials on record. It is observed the ld. Departmental Representative (ld. DR for short) made a submission that the assessee has preferred an application under Vivad Se Vishwas Scheme, 2020 and that Form No.3 has been received from the A.O. against which the assessee is said to have made the payment of tax due by the assessee.

4.

Having heard the ld. DR and upon perusal of the available material on record, we hereby direct the said appeal to be withdrawn.

5.

In the result, the appeal filed by the assessee is dismissed as withdrawn.

Order pronounced in the open court on 07.11.2022 Sd/- Sd/- (S. Rifaur Rahman) (Kavitha Rajagopal) Accountant Member Judicial Member Mumbai; Dated : 07.11.2022 Roshani, Sr. PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT - concerned 5. DR, ITAT, Mumbai 6. Guard File BY ORDER,

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