SHRI. FIROZ KASAM PENWALA,MUMBAI vs. ITO 24 (1)(1), MUMBAI

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ITA 7718/MUM/2019Status: DisposedITAT Mumbai20 September 2021AY 1996-973 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 noted that the assessee had filed a declaration under the Vivad se Vishwas Scheme and received acceptance from the Revenue. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 1996-97. The assessee's authorized representative submitted a letter stating that the assessee had opted for the Vivad se Vishwas Scheme, 2020 and had filed the necessary declaration and undertaking.

What were the issues?

The primary issue was whether the appeal should be kept pending or dismissed given the assessee's participation in the Vivad se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI C.N. PRASAD, HONBLEShri Firoz Kasam Penwala v.

Hearing: 20.09.2021Pronounced: 20.09.2021

O R D E R PER C.N. PRASAD (JM)

1.

This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)–42, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 20.092019 for the A.Y. 1996-97.

(A.Y: 1996-97) Shri Firoz Kasam Penwala 2. Assessee through its authorized representative filed a letter dated 20th September, 2021 and submitted as under: - “Reg.:- Shri. Firoz Kasam Penwala. Appellant V/s The Income Tax-24(l) (1), Mumbai Respondent. A.Y.1996-97 PAN:-AACPP0521H Appeal No: ITA7718/MUM/2019 This has reference to the hearing of above Appeal fixed today i.e. 20.09.2021. In that connection we have to state that, the Assessee has already filed an application under Vivad se Vishwas Scheme, 2020 vide Acknowledgment No. 424318751280720 dated 14.12.2020. Copies of the said application as well as Form 3 & Form 4 and the Paid Challan are enclosed herewith for ready reference under Vivad se Vishwas Scheme. We therefore request you to keep the Proceedings in abeyance till the conclusion of the said proceedings under Vivad se Vishwas Scheme.”

3.

On a perusal of the above letter filed by the authorized representative of the assessee and enclosed copy of Form-3 and Form-4 it is noticed that assessee has already filed declaration and undertaking under Vivad Se Vishwas Scheme and received Form-3 and Form-4 from the Revenue accepting the said declaration. Therefore, since assessee has opted to settle litigation under Vivad Se Vishwas Scheme no purpose would serve keeping the appeal pending. Accordingly, this appeal is dismissed with liberty to file Miscellaneous Application by the assessee for (A.Y: 1996-97) Shri Firoz Kasam Penwala recall of the appeal in case the declaration of the assessee under Vivad Se Vishwas Scheme is not accepted.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in the virtual court on 20.09.2021.

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