DY CIT, CC-2(3), MUMBAI vs. AVINASH NIVRUTTI BHOSALE, MUMBAI

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ITA 433/MUM/2021Status: DisposedITAT Mumbai22 November 20212 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-5 under the Vivad Se Vishwas Scheme and the Revenue's representative agreed to this. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) concerning assessment year 2014-15. The assessee had applied for settlement of the tax dispute under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A‘ BENCH

Before: SHRI M.BALAGANESH & SHRI AMARJIT SINGHShri

For Appellant: Shri Vijay Mehta
For Respondent: Ms. Shailaja Rai, Shri Vijay Mehta
Hearing: 22/11/2021Pronounced: 22/11/2021

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

1.

This appeal in for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-48, Mumbai in appeal No.CIT(A)-48/IT-79/DCCC-2(3)/2019-20 dated 25/01/2021 (ld. CIT(A) in short) against the order of assessment passed u/s. 153A r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 29/05/2019 by the ld. Dy. Commissioner of Income Tax, Central Circle- 2(3), Mumbai (hereinafter referred to as ld. AO).

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-5 from the designated authority thereon, copy of which was enclosed alongwith the letter. Ld. DR also agreed that the Form -5 has been received from assessee. In view of this, we hereby dismiss the appeal pending before us.

4.

In the result, appeal of the Revenue is dismissed as withdrawn.

Order pronounced in open Court on 22/11/2021.

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