SYNTEXTURES,MUMBAI vs. ITO 29 (3)(3), MUMBAI

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ITA 7802/MUM/2019Status: DisposedITAT Mumbai04 May 2022AY 2014-153 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The Tribunal treated the appeal as dismissed and withdrawn. Liberty was granted to the assessee to have the appeal restored if the Vivad Se Viswas declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a letter stating they had opted for the Vivad Se Viswas Scheme to settle the tax dispute. A Form-3 from the designated authority was enclosed.

What were the issues?

The primary issue was the impact of the assessee's enrollment in the Vivad Se Viswas Scheme on the pending appeal before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC‘ BENCH

Before: SHRI M.BALAGANESH & SHRI KULDIP SINGH

For Respondent: Shri Rajat Mittal
Hearing: 04/05/2022Pronounced: 04/05/2022

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-40, Mumbai in appeal No.CIT(A)-40, Mumbai/10994/2016-17 dated 25/11/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2016 by the ld. Income Tax Officer-29(3)(3), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the assessee filed a letter dated 17/01/2022 mentioning that an application had been preferred under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced on 04/05/2022 by way of proper mentioning in the notice board.

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