VITRAG METAL P. LTD,MUMBAI vs. ITO WD 5(3)(3), MUMBAI

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ITA 5533/MUM/2016Status: DisposedITAT Mumbai06 October 2021AY 2007-084 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeals as withdrawn due to opting for the Vivad se Vishwas Scheme. The Revenue's appeal and the assessee's cross-objection were also dismissed.

What were the facts?

The assessee opted for the 'Vivad se Vishwas Scheme 2020' to settle tax litigation. The assessee received Form-3 under the scheme, and the Revenue did not object.

What were the issues?

Whether the appeals should be dismissed as withdrawn upon the assessee opting for the Vivad se Vishwas Scheme. The dismissal of the Revenue's appeal due to non-compliance and the infructuousness of the cross-objection.

Which sections of the Income-tax Act were involved?

Section 143,Section 147,Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI S RIFAUR RAHMAN & SHRI PAVAN KUMAR GADALE

For Appellant: Shri S.N. Kabra. DR
For Respondent: Shri Sanjiv M Shah. AR, Shri S.N. Kabra. DR
Hearing: 04.10.2021Pronounced: 06.10.2021

Heard together (2 matters)

ITA No. 6015/Mum/2016
CO No. 297/Mum/2018

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

�थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACCV1422A Appellant .. Respondent Appellant/Respondent by Shri Sanjiv M Shah. AR : Respondent/Appellant by Shri S.N. Kabra. DR : Date of Hearing 04.10.2021 Date of Pronouncement 06.10.2021 आदेश / O R D E R PER BENCH: The three appeals are filed by the Assessee. The Revenue has filed a Cross appeal and the Cross Objection is filed by the assessee against the different orders of the Commissioner of Income Tax (Appeals) – 9 & 10, Mumbai passed(i) u/s 143(3) r.w.s 147 and (ii) U/sec 271(1)(c) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld. Counsel of the assessee has submitted a letter mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) In ITA. No. 5533/M/2016,ITA.No.6015/M/2016,ITANo.6016/M/2016 and ITA.No.1711/M/2017(Revenue appeal) and has received Form.no. 3 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

M/s Vitrag Metal P Ltd, Mumbai - 3 -

3.

We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the three appeals of the assessee as withdrawn. Further in the case of Revenue appeal, the assesee has received Form-no-3, and the revenue was given many opportunities to confirm the Tax payment/Report and on the last date of hearing on 29-09- 2021, the Ld. DR was provided Last Chance to produce confirmation of Tax payment on 4-10-2021. But no such report/confirmation was filed. We considering the facts and circumstances dismiss the revenue appeal and the assessee/revenue is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

CO. No. 297/Mum/2018. Since the assessee has opted for VSVS2020 in revenue appeal and is dismissed. The Cross Objection filed by the assessee becomes infractuous and is also dismissed.

M/s Vitrag Metal P Ltd, Mumbai - 4 -

5.

In the result, the three appeals and the Cross objection filed by the assessee is dismissed and the appeal of the revenue is dismissed.

Order pronounced in the open court on 06.10.2021.

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