What did the Tribunal hold?

The Tribunal held that the revenue's appeal had become infructuous due to the assessee's settlement under the Vivad Se Vishwas Scheme. The appeal was dismissed with liberty to seek restoration if the declaration was not accepted.

The assessee had opted for settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. The assessee had filed Form-4 and was awaiting Form-5, with no payment due.

What were the issues?

Whether the revenue's appeal is rendered infructuous due to the assessee opting for the Vivad Se Vishwas Scheme.

ACIT vs Chiron Behring Vaccines P.Ltd | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “K” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Shri Harsh Sangoi– Ld. AR

For Respondent: Shri Ajay Sharma – Ld. CIT-DR, Shri Harsh Sangoi– Ld. AR

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The Ld. AR, at the outset, drew attention to email dated 17/10/2021 to submit that the assessee has already opted for settlement of dispute for the year under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020. The Ld. AR submitted that Form-4 has been filed and Form-5 is awaited from appropriate authority. The Ld. AR also submitted that no payment is due from the assessee. The Ld. CIT-DR could not controvert the position that the revenue’s appeal has become infructuous.

In view of foregoing, the revenue’s appeal stand dismissed as infructuous with a liberty to revenue to seek restoration of the appeal, in case the declaration filed under the scheme is not accepted, for whatever reasons.

The appeal stands dismissed as infructuous. Order pronounced on 18th October, 2021.

ASST CIT 9(2)(1), MUMBAI vs. CHIRON BEHRING VACCINES P.LTD, MUMBAI

What did the Tribunal hold?

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