PRITAM V MEHTA,MUMBAI vs. ITO 19 (2)(5), MUMBAI

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ITA 7865/MUM/2019Status: DisposedITAT Mumbai06 September 2021AY 2015-162 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The Tribunal dismissed the appeal as withdrawn based on the assessee's settlement application under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee filed an appeal before the ITAT against an assessment order. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for a settlement scheme.

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, MUMBAI BENCH “C” MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI RAVISH SOOD

For Appellant: Shri. Ashok Patil
For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 06/09/2021Pronounced: 06/09/2021

PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-30, Mumbai, dated 04.10.2019, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 19.12.2017 for assessment year 2015-16. 2. The assessee’s counsel at the very outset submitted that as the assessee has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal, therefore, the captioned appeal be allowed to be withdrawn. At the same time it was submitted by the ld. A.R that in case the matter is not resolved under the Vivad se Vishwas scheme then, the assessee be allowed liberty to approach the Tribunal for restoration of his appeal. 3. The ld. D.R did not object to the aforesaid submission of the assessee’s counsel before us.

2 Pritam V. Mehta Vs. ITO-19(2)(5), Mumbai

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of his aforementioned appeal.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded hereinabove. Order pronounced in the open court on 06/09/2021

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