DY.COMMISSIONER, MUMBAI vs. LALIT TARACHAND THAKKAR, MULUND WEST, MUMBAI
What did the Tribunal hold?
The Tribunal noted the proof of tax payment under the Vivad Se Viswas Scheme and the settlement order. Consequently, the appellant's cross-objection was dismissed, and the Department's appeal was rendered infructuous and dismissed.
What were the facts?
The appellant sought to withdraw the appeal, having availed the Vivad Se Viswas Scheme. Proof of tax payment and a settlement order from PCIT, Mumbai were submitted.
What were the issues?
Whether the appeal could be withdrawn or dismissed as infructuous after availing the Vivad Se Viswas Scheme and settlement of dues.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Mumbai “A” Bench, Mumbai.
Before: Smt. Beena Pillai (JM) & Shri Omkareshwar Chidara (AM)
After perusing the Form No. 4 dated 31.12.2024 which is the proof of payment of tax, for availing VSV Scheme, it is observed that the disputed taxes were paid and Ld. PCIT, Mumbai had issued an order for full and final settlement of tax arrears under section 92(2) r.w.s. 93 of Finance Act (No. 2) Act 2024.
Hence, the appellant’s cross objection is dismissed and appeal of the Department becomes infructuous and dismissed.
Order pronounced in the open Court on 29/01/2025.
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