M/S.GOVERDHAN INFRAVENTURES PVT.LTD.,MUMBAI vs. JCIT(OSD),CC-2(1), MUMBAI
What did the Tribunal hold?
The tribunal noted that the assessee's declaration under the Vivad Se Vishwas Scheme was accepted and the required payment was made. Consequently, the appeals were dismissed as withdrawn.
What were the facts?
The assessee had filed appeals against penalty orders levied under Section 271(1)(c) and Section 271AAB(1) of the Income Tax Act. The assessee later opted for the 'Vivad Se Vishwas Scheme, 2020'.
What were the issues?
Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Section 271(1)(c),Section 271AAB(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
ORDER PER VIKAS AWASTHY, J.M: The appeals by the assessee in to 8070 Mum 2019 are directed against the order of Commissioner of Income Tax (Appeals)-48, आअसं. 8068 to 8071/मुं/2019 (िन.व.2013-14 to 2015-16) to 8071/MUM/2019 (A.Y.2013-14 to 2015-16) Mumbai [hereinafter referred to as ‘the CIT(A)’] dated 21.06.2019 common for Assessment Years (A.Y.) 2013-14 to 2015-16 confirming levy of penalty u/s 271(1)(c) of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’]. In ITA No. 8071/Mum/2019 the assessee has impugned the order of CIT(A) dated 21/06/2019 for the A.Y. 2014-15 confirming penalty levied u/s 271AAB(1) of the Act.
The ld. Counsel of the assessee stated that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020 (in short ‘VSVS’) and hence, the assessee want to withdraw the appeals. A letter dated 25.08.2021 has also been filed to this effect.
Shri Vijay Jaiswal representing the Department stated that the Department has no objection if the assessee wants to withdraw appeal to avail the benefit of ‘VSVS’.
A perusal of above communication from the counsel of assessee shows that the assessee’s declaration under VSVS for the impugned assessment years has been accepted and the Designated Authority has issued Form-3 and the assessee has paid the amount as mentioned in respective Form No.3. In view of above, all four appeals by the assessee are dismissed, as withdrawn. Order pronounced in the open court on Wednesday, the 25th day of August, 2021. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (VIKAS AWASTHY) लेखा सद�य / ACCOUNTANT MEMBER �याियक सद�य / JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 25/08/2021 SK, PS
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