SAI EVEREST BUILDERS & DEVELOPERS,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 22(3)(2), MUMBAI

PDF · subscribers
ITA 2702/MUM/2019Status: DisposedITAT Mumbai16 September 2021AY 2014-153 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 permitted the assessee to withdraw the appeal as they had applied for settlement under the Vivad Se Vishwas Scheme. Liberty was granted to seek restoration if the application was not accepted.

What were the facts?

The assessee filed an appeal and a cross-objection against the CIT(A)'s order for AY 2014-15. The assessee subsequently opted to settle the issue under the Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad Se Vishwas Act.

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, MUMBAI

Before: SHRI S. RIFAUR RAHMAN, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Prakash Jhunjhunwala
Hearing: 16/09/2021Pronounced: 16/09/2021

Heard together (2 matters)

I.T.A. No.2702/Mum/2019
C.O. No.60/Mum/2020

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

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI S. RIFAUR RAHMAN, AM AND SHRI AMARJIT SINGH, JM (Hearing through Video Conferencing Mode) आयकर अपील सं/ (निर्धारण वर्ा / Assessment Year: 2014-15) Sai Everest Builders & बिधम/ ITO, Ward-22(3)(2) Piramal Chambers, 3rd Floor, Developers Vs. 12/B, 4th Floor, Silver Apts, Lalbaug, Parel, Mumbai- Datta Mandir Road, 400012. Santacruz (East), Mumbai- 400055. (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) & C.O. No.60/Mum/2020 (Arising out of (निर्धारण वर्ा / Assessment Year: 2014-15) Sai Everest Builders & बिधम/ ITO, Ward-22(3)(2) Developers 306 Piramal Chambers, Vs. 12/B, 4th Floor, Silver Apts, Parel, Mumbai-400012. Datta Mandir Road, Santacruz (East), Mumbai- 400055. स्र्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : ABLFS0449M (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. Assessee by: Shri Prakash Jhunjhunwala Revenue by: Shri Ajit Kumar Shrivastava (DR) सुनवाई की तारीख / Date of Hearing: 16/09/2021 घोषणा की तारीख /Date of Pronouncement: 16/09/2021 आदेश / O R D E R PER AMARJIT SINGH (JM):

1.

The present appeal filed by the assessee as well as cross- objection filed by the assessee are against the common order of Commissioner of Income Tax (Appeals)-34, Mumbai (in Short ‘CIT(A)’) for C.O. No.60/Mum/2020 A.Y.2014-15 the A.Y. 2014-15 dated 19.03.2019 and arises out of assessment completed u/s 143(3) of the Income Tax Act, 1961 (in short the Act).

2.

At the outset, the Ld. AR submitted that assessee has preferred to settle the issue under Vivad Se Vishwas Act, 2020 and relevant information is filed vide letter dated 14.09.2021 and submitted that it has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form-3.

3.

The Ld. DR also did not object to course so suggested.

4.

Heard the learned Counsels for both the parties and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeal, as it has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we permit the assessee to withdraw the appeal at this stage. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear that in such eventuality if the assessee seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. This is in view of the decision of the Hon’ble Madras High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020. With the aforesaid observations, the appeal is dismissed as withdrawn

C.O. No.60/Mum/2020 A.Y.2014-15 5. In the result, the appeal filed by assessee and cross-objection filed by the assessee are dismissed as withdrawn. Pronounced in the open court today on the 16/09/2021

Recent GST High Court judgments

Search GST case law →