JAGDISH HARJIVAN MAKWANA,MUMBAI vs. THE ITO - 19(2)(1), MUMBAI

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ITA 1506/MUM/2020Status: DisposedITAT Mumbai29 September 2021AY 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The Tribunal treated the appeal as dismissed and withdrawn, granting liberty to the assessee to restore it if the Vivad Se Viswas declaration is declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a letter stating that an application had been preferred under the Vivad Se Viswas Scheme 2020 to settle the tax dispute.

What were the issues?

The primary issue was the impact of the assessee opting for the Vivad Se Viswas Scheme on the pending appeal before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESHShri

For Respondent: Shri T.S. Khalsa
Hearing: 29/09/2021Pronounced: 29/09/2021

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)-30, Mumbai in appeal No.CIT(A)-30/19(2)(1)/15030/2016-17 dated 28/11/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.144 of the of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 15/12/2016 by the ld. Income Tax Officer 19(2)(1), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the assessee filed a letter dated 28/09/2021 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in open Court on 29/09/2021.

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