ITO 32 (1)(5), MUMBAI vs. MR. HITESH NAVINCHANDRA MEHTA, MUMBAI

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ITA 6799/MUM/2019Status: DisposedITAT Mumbai21 October 2021AY 2010-112 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The Tribunal acknowledged that once a matter is settled under the Vivad Se Vishwas Scheme, the related appeal must be withdrawn. The Departmental Representative did not oppose the withdrawal.

What were the facts?

The Assessing Officer appealed an order related to a penalty under Section 271(1)(c) for AY 2010-11. The assessee filed a petition to withdraw the appeal as the matter was settled under the Vivad Se Vishwas Scheme 2020.

What were the issues?

Whether an appeal can be withdrawn when the underlying dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘K’ BENCH, MUMBAI

Assessment Year: 2010-11 Page 1 of 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘K’ BENCH, MUMBAI [Coram: Pramod Kumar (Vice President)] and Ravish Sood (Judicial Member)] Assessment Year: 2010-11 Income Tax Officer-32(1)(5) Mumbai …………………….. Appellant Vs. Mr. Hitesh Navinchandra Mehta …………………….. Respondent A/401, Pleasant Palace, Sodawala Lane, Borivali (W) Mumbai 400092 [PAN: AABPM0243Q] Appearances: Vijay Kumar Subramaniyam for the appellant Jitendra Singh for the respondent Date of concluding the hearing : October 01, 2021 Date of pronouncement : October 21, 2021 O R D E R Per Pramod Kumar, VP:

1.

This appeal, filed by the Assessing Officer, call into question the correctness of the order dated 30.08.2019, passed by the Ld. CIT(A)-44, Mumbai in the matter of assessment u/s.271(1)(c) of the Income Tax Act, 1961, for the assessment year 2010-11.

2.

When this appeal was called out for hearing, the assessee has moved petition seeking withdrawal of the appeal and the assessee has also filed Form 5, 1 & 2 on the ground that the matter is settled under Vivad Se Vishwas Scheme 2020.

3.

Learned Departmental Representative does not oppose the prayer so made by the assessee and learned Departmental Representative has also agreed that the appeal of the revenue may be dismissed as withdrawn with similar right of revival of the appeal.

4.

There is no dispute that once the matter is resolved under Vivad Se Vishwas Scheme 2020, the related appeal is required to be withdrawn.

Assessment Year: 2010-11 Page 2 of 2 5. In view of the above position, as also bearing in mind entirety of the case, we deem it fit and proper to dismiss this appeal as withdrawn.

6.

In the result, the appeal is dismissed as withdrawn. Pronounced in the open court today on the 21st day of October 2021.

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