PUNABHAI V CHANDPARA,MUMBAI vs. ITO CIRCLE- 22 (2)(5), MUMBAI

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ITA 1015/MUM/2020Status: DisposedITAT Mumbai25 October 2021AY 2011-123 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 assessee settled the dispute under the Vivad Se Vishwas scheme and wished to withdraw the appeals. The Revenue did not object to the withdrawal.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for Assessment Years 2011-12 and 2012-13. The assessee subsequently opted for the Vivad Se Vishwas scheme and paid the requisite tax.

What were the issues?

Whether the appeals should be withdrawn by the assessee after opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI MAHAVIR SINGH

For Respondent: Shri Vivek Perampurna
Hearing: 25/10/2021Pronounced: 25/10/2021

These two appeals by the assessee are arising out of the orders of Commissioner of Income Tax (Appeals)-34, Mumbai (in short ‘CIT(A)’) in Appeal Nos. CIT(A)-34/ITO 22(2)(5)/IT-10414/14-15 and CIT(A)-34/ITO 22(2)(5)/IT- 10250/17-18 both dated 29.10.2019. The assessments were framed by the Income Tax Officer – 19(2)(4), Mumbai and Income Tax Officer – 22(2)(5), Mumbai for Assessment Years 2011-12 and 2012-13 under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) vide orders dated 25.03.2014 and 17.03.2015 respectively.

2.

At the outset, it is noticed that he assessee has filed reply to the appeal notices in both the appeals stating that assessee has availed VSVS in both the “I am in receipt of your notice dated 13.09.2021 in Appeal No. ITA/1013/MUM/2020 for A.Y 2011-12. In response to the your notice, I would like to state that I have opted for the Vivad Se Vishwas scheme, 2020 by filing an application in Form 1. The Hon. Pr. CIT, Mumbai -2 have accepted my application by issuing Form 3 bearing no. 983441830010121 dated 01/01/2021, copy of the same is enclosed herewith along with Form 4. I have also paid the requisite tax amount as mentioned in Form 3. I have enclosed copy of the challan for your reference.”

Similar payment is made in Assessment Year 2012-13. The assessee has settled the dispute and now wants to withdraw the appeals. On this, the Revenue has not objected to the same. Hence, I permit the withdrawal of the appeals.

3.

In the result, the appeals filed by the assessee are dismissed as withdrawn.

Order pronounced in the open court on 25th October, 2021.

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