DCIT 14(1)(2), MUMBAI vs. CA (INDIA) TECHNOLOGIES P.LTD, MUMBAI

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ITA 1922/MUM/2016Status: DisposedITAT Mumbai11 November 2021AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that both the assessee and the Revenue accepted the settlement under the Vivad Se Vishwas Scheme. Therefore, the appeals and the cross-objection were dismissed as withdrawn.

What were the facts?

The assessee company filed an appeal and a cross-objection before the ITAT. The assessee had also opted to settle the dispute under the Vivad Se Vishwas Act, 2020, and had received confirmation for the same.

What were the issues?

The primary issue was the settlement of the dispute under the Vivad Se Vishwas Act, 2020, leading to the withdrawal of the appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “K” MUMBAI

Before: SHRI C.N. PRASAD & SHRI S. RIFAUR RAHMAN

For Appellant: Mr. Karan Mehta, AR
For Respondent: Mr. Gaurav Batham, CIT-DR, Mr. Karan Mehta, AR
Hearing: 11/11/2021Pronounced: 11/11/2021

Heard together (2 matters)

CO No. 155/MUM/2016
ITA No. 1922/MUM/2016

Read from the judgment's own cause title. This page is filed under one of them.

ORDER PER S. RIFAUR RAHMAN, A.M. The captioned appeals filed by the Revenue and cross objection filed by the assessee and another appeal filed by the assessee are directed against the order passed by DCIT-14(1)(1), Mumbai u/s 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 of the Act.

2.

At the outset, the Ld. AR submitted that assessee has preferred to settle the issue under Vivad Se Vishwas Act, 2020 and relevant information is filed vide letter dated 31.01.2021. He submitted that assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form No. 3.

3. The Ld. DR also did not object to course so suggested.

4.

Heard the learned Counsels for both the parties and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal, as it has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, and received the confirmation of Form No.

3. The Department also accepted the settlement scheme under VSV Scheme, we deem it fit to dismiss the appeal filed by the assessee as well as cross-objection. With regard to appeal filed by the Revenue we notice that revenue has accepted the application filed by issue of Form No.

3.

The Department appeal also deserves to be dismissed. In case for some reason, the Revenue dismiss the plea of the CO. No. 155 & IT(TP) 2099/M/2016 3 M/s CA(India) Technologies P. Ltd. assessee under Vivad Se Vishwas Scheme, 2020, it can apply to restore the matter in due course.

5.

In the result, appeal filed by the Revenue and assessee are dismissed as withdrawn. The cross-objections filed by the assessee is also dismissed as withdrawn.

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