CHINTAN NITIN KOTHARI,MUMBAI vs. ACIT 26 (1), MUMBAI

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ITA 4933/MUM/2019Status: DisposedITAT Mumbai25 August 2021AY 2013-142 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's settlement under the Vivad se Vishwas scheme. A rider was added allowing restoration if the settlement fails.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter and received a certificate from the designated authority.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Act.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, MUMBAI BENCH “C” MUMBAI

For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 25/08/2021Pronounced: 25/08/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-38, Mumbai, dated 28.03.2019, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 03.03.2016 for assessment year 2013-14.

2.

The assessee has filed before us a letter dated 02.08.2021, wherein it is stated by him that he had filed an application under the Direct Tax Vivad se Vishwas Act, 2020, in ‘Form 1’ & ‘Form 2’ on 20.03.2020 in order to settle the aforesaid matter pending before the Tribunal and received the certificate in ‘Form 3’ under sub-section (1) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of his aforesaid claim the assessee had enclosed alongwith his letter ‘Form 3’ issued by the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal be allowed to be withdrawn.

2 Chintan Nitin Kothari Vs. ACIT-26(1)

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme, then, the assessee shall have liberty to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

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