CONTILOE PICTURES PRIVATE LIMITED ,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX 16(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that the appeal is liable to be dismissed as withdrawn due to the Assessee's intention to settle through the Vivad Se Vishwas Scheme. Liberty was granted to seek recall if the settlement process fails.
What were the facts?
The Assessee filed an appeal against the order of the Ld. Addl./Joint Commissioner of Income Tax (Appeals). The Assessee intended to settle the dispute amicably through the Vivad Se Vishwas Scheme, 2024, and filed the necessary form.
What were the issues?
Whether the appeal should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas Scheme for settlement.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “C”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI PRABHASH SHANKAR, ACCCOUNTANT MEMBER
Present for: Assessee by : None (Letter dt.04.02.2025) Revenue by : Shri Mahesh Pamnari, Ld. Sr. D.R. Date of Hearing : 06 . 02 .2025 Date of Pronouncement : 06 . 02 .2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 22.08.2024, impugned herein, passed by the Ld. Addl/Joint Commissioner of Income Tax (Appeals) (in short “Ld. Addl./Joint Commissioner”) u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) for the A.Y. 2020-21.
M/s. Contiloe Pictures Private Limited 2. In the instant case, the Assessee with an intention to settle the dispute amicably through Vivad Se Vishwas Scheme, (in short “VSVS”) 2024 has filed Form no.1. and willing to deposit the requisite amount to be determined by the Revenue Authority, and therefore, the appeal of the Assessee is liable to be dismissed, however, with liberty to the parties to seek recall of this order, in case of failure of the Assessee in non depositing the amount to be determined by the Revenue Authority and/or non settling the dispute through VSVS 2024 finally.
In the result, the appeal filed by the Assessee is dismissed as withdrawn with liberty to the parties as mentioned above.
Order pronounced in the open court on 06.02.2025.
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