ITO, W-6(3)(1), MUMBAI, MUMBAI vs. M/S. FASHION QUEENS PVT.LTD. MUMBAI, MUMBAI

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ITA 5755/MUM/2019Status: DisposedITAT Mumbai30 July 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the assessee's declaration under the VSVS scheme was accepted and taxes were paid as per the scheme. Consequently, the Revenue's appeal became infructuous.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee informed the tribunal that they had opted for the Vivad Se Vishwas Scheme (VSVS) and their declaration was accepted.

What were the issues?

Whether the Revenue's appeal is maintainable when the assessee has settled the dispute under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 30/07/2021Pronounced: 30/07/2021

अपीलाथ) -ारा/ Appellant by : None *ितवाद, -ारा/Respondent by : Sh. Sunil Deshpande सुनवाई क. ितिथ/ Date of hearing : 30/07/2021 घोषणा क. ितिथ/ Date of pronouncement : 30/07/2021 आदेश/ ORDER PER VIKAS AWASTHY, J.M: This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-12, Mumbai (in short ‘the CIT(A)’) dated 27/05/2019 for the assessment year 2011-12.

2.

A letter dated 14/07/2021 has been received from the assessee stating that the assessee has opted for ‘Vivad Se Vishwas Scheme, 2020’ (in short

आअसं. 5755/मुं/2019 (िन.व.2011-12) (A.Y.2011-12)

‘VSVS’), and the declaration filed by the assessee has been accepted. A copy of Form-3 is furnished alongwith the aforesaid letter.

3.

Shri Sunil Deshpande representing the Department stated that the report dated 26.07.2021 from the field office regarding assessee’s compliance to the conditions laid down in Form-3 has been received. The Assessing Officer (AO) has confirmed that the assessee has paid the tax amount determined under VSVS per Form-3.

4.

Since the declaration filed by the assessee under VSVS has been accepted by the designated authority and as per the report from the AO, the assessee has paid the taxes in accordance with Form-3, the appeal filed by the Revenue has become infructuous and is thus, dismissed as such.

5.

In the result, appeal by the Revenue is dismissed as infructuous.

Order pronounced in the open court on Friday, the 30th day of July, 2021. Sd/- (VIKAS AWASTHY) �याियक सद�य / JUDICIAL MEMBER मुंबई/Mumbai, 3दनांक/Dated: 30/07/2021 SK, PS *ितिल�प अ4े�षत *ितिल�प अ4े�षतCopy of the Order forwarded to : *ितिल�प अ4े�षत *ितिल�प अ4े�षत 1. अपीलाथ)/The Appellant , 2. *ितवाद,/ The Respondent. 3. आयकर आयु5(अ)/ The CIT(A)- 4. आयकर आयु5 CIT 5. �वभागीय *ितिनिध, आय.अपी.अिध., मुबंई/DR, ITAT,

आअसं. 5755/मुं/2019 (िन.व.2011-12) (A.Y.2011-12)

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