GOWRI SHANKAR,MUMBAI vs. INCOME TAX OFFICER 16(2)(4), MUMBAI

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ITA 4222/MUM/2018Status: DisposedITAT Mumbai06 October 2021AY 2014-152 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The Tribunal treated the appeal as dismissed and withdrawn. Liberty was granted to the assessee to have the appeal restored if the Vivad Se Viswas declaration is later declared bad in law.

What were the facts?

The assessee had an appeal pending before the ITAT. The assessee subsequently opted for the "Vivad Se Viswas Scheme 2020" to settle tax disputes. The assessee obtained Form-3 from the designated authority under the scheme.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for the Vivad Se Viswas Scheme. The consequence of opting for the scheme on pending appeals.

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, ‘G‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESHDr. Ghanti Road

For Appellant: Shri Ram Pugalia
For Respondent: Shri Pankaj Kumar
Hearing: 06/10/2021Pronounced: 06/10/2021

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)-5, Mumbai in appeal No.CIT(A)-5/ACIT-16(2)(4)/IT-320/2016-17 dated 12/03/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/12/2016 by the ld. Income Tax Officer Ward 16(2)(4), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. Counsel for the assessee Shri Ram Pugalia submitted that assessee had preferred under direct tax “Vivad Se Viswas Scheme 2020” to settle these tax disputes for the year under consideration and had obtained Form-3 from the designated authority thereon.

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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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

Order pronounced in the open Court on 06/10/2021.

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