DEPUTY COMMISSIONER OF INCOME TAX -11(2)(2), MUMBAI vs. M/S.SPH AGRO FARM & ESTATES PRIVATE LIMITED., MUMBAI

PDF · subscribers
ITA 6256/MUM/2017Status: DisposedITAT Mumbai06 December 2021AY 2009-102 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 noted that the assessee had obtained Form-3 under the Vivad Se Viswas Scheme and paid the determined tax. Consequently, the appeal filed by the Revenue was treated as dismissed.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A) for AY 2009-10. The assessee had applied for settlement of this tax dispute under the Vivad Se Viswas Scheme 2020.

What were the issues?

Whether an appeal by the Revenue is maintainable when the assessee has settled the dispute under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

For Appellant: Shri Hoshang Boman Irani
For Respondent: Ms. Reena Ghadshi, Shri Hoshang Boman Irani
Hearing: 30/11/2021Pronounced: 06/12/2021

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

1.

This appeal in A.Y.2009-10arises out of the order by the ld. Commissioner of Income Tax (Appeals)-18, Mumbai in appeal No.CIT(A)-18/IT-44/DC-11(2)(2)(2)/16-17 dated 15/06/2017 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2016 by the ld. Dy. Commissioner of Income Tax- 11(2)(2), Mumbai (hereinafter referred to as ld. AO).

M/s. SPH Agro Farm & Estates Pvt. Ltd.,

2.

We find that assessee had preferred an application 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 PCIT, Mumbai on 28/01/2021 and the Tax determined thereon amounting to Rs.75,71,272/- has been paid by the assessee on 28/10/2021. Since, the issue is completely settled under the “Vivad Se Viswas Scheme 2020 by due payment of tax thereon, the appeal of the Revenue is hereby treated as dismissed.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced on 06/12/2021 by way of proper mentioning in the notice board.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →