ZUBIN ZAINUDDIN,MUMBAI vs. ACIT 21 (3), MUMBAI

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ITA 1243/MUM/2019Status: DisposedITAT Mumbai18 April 2022AY 2013-142 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's decision to settle the dispute under the Vivad se Vishwas scheme. A rider was added allowing restoration if the scheme resolution fails.

What were the facts?

The assessee filed an appeal before the Income Tax Appellate Tribunal (ITAT) for the Assessment Year 2013-14. The assessee subsequently opted for the Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for the Vivad se Vishwas scheme.

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, “G” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI AMARJIT SINGH

For Appellant: Shri Shreyans Chauvan
For Respondent: Shri Hoshang B. Irani
Hearing: 18.04.2022Pronounced: 18.04.2022

PER AMARJIT SINGH, AM:

1.

The present appeal filed by the assessee is directed against the order passed by the CIT(A)-48, Mumbai, which in turn arises from the order passed by the A.O. u/s 143(3) of the Income Tax Act, 1961 for A.Y. 2013-14.

2.

At the time of hearing the ld. counsel of the assessee submitted that the assessee has opted this appeal for Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. It is Zubin Zainuddin Vs. ACIT -21(3)

stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may be allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as had been stated before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of his appeal within the time limit provided in the Act.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove.

Order pronounced in the open court on 18/04/2022.

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