DCIT CIR 3, THANE vs. THE THANE DISTRICT CENTRAL CO. OP. BANK LTD, THANE

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ITA 2511/MUM/2019Status: DisposedITAT Mumbai01 July 2022AY 2007-082 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee's declaration under the VSVS scheme was accepted and tax was paid, the Revenue's appeal had become infructuous.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2007-08. The assessee opted to settle the dispute under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

Whether the Revenue's appeal is rendered infructuous due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “ E”, MUMBAI

Hearing: 01/07/2022Pronounced: 01/07/2022

This appeal by the Revenue is directed against the order of Commissioner of Income Tax(Appeals)-2 , Thane [in short 'the CIT(A)’] dated 14/02/2019 for the assessment year 2007-08.

2.

The ld.Authorized Representative of the assessee stated that the assessee has opted to settle the dispute under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’). The declaration filed by the assessee for the impugned assessment year has been accepted and the assessee has paid tax under VSVS to settle the dispute. The assessee furnished a copy of Form-3.

3.

Shri Manoj Sinha representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’. 4. Since, the declaration filed by assessee under VSVS has been accepted by the Designated Authority, the appeal filed by the Revenue has become infructuous and thus, is liable to be dismissed, as such.

5.

In the result, appeal by the Revenue is dismissed as infructuous. Order pronounced in the open court on Friday the 1st day of July, 2022.

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