What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the 'Vivad se Vishwas Scheme 2020'. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee expressed an intention to settle the tax litigation through the 'Vivad se Vishwas Scheme 2020'. The Department had no objections.

What were the issues?

Whether the appeal should be kept pending when the assessee intends to settle the dispute under the Vivad se Vishwas Scheme.

Smt. Renu Devi Modi vs ITO | ITAT Mumbai 2022

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

For Respondent: DR :

Hearing: 06.05.2022Pronounced: 10.05.2022

O R D E R

PER PAVAN KUMAR GADALE JM:

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals)-29, Mumbai passed u/s 250 of the Income Tax Act, 1961 for the assessment year 2015-16.

At the time hearing, a letter dated 29-04-2022 was submitted mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Smt Renu Devi Modi Vs Ito Mumbai Scheme 2020’ (VSVS 2020) and received Form. no 3&5 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-5 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

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

SMT. RENU DEVI MODI,MUMBAI vs. ITO WARD 18(3)(2), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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