HANSA LALIT SONI,MUMBAI vs. ITO 23(2)(3), MUMBAI

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ITA 6406/MUM/2019Status: DisposedITAT Mumbai27 July 2021AY 2008-093 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The Tribunal dismissed the appeal as withdrawn at this stage, subject to the condition that if the Vivad Se Vishwas declaration fails to mature, the assessee can revive the appeal. Liberty was granted to restore the appeal without insisting on a condonation of delay application if the outcome of the VSVS scheme caused a delay.

What were the facts?

The assessee sought to withdraw their appeal before the ITAT as they had opted for the Vivad Se Vishwas Scheme. The Department had no objection to this withdrawal. The assessee's declaration under the scheme was accepted, and Form-3 was issued.

What were the issues?

Whether an appeal can be withdrawn as a consequence of opting for the Vivad Se Vishwas Scheme, and the conditions for revival of the appeal.

Which sections of the Income-tax Act were involved?

Section 154(2)(b)

AI-generated summary — verify with the full judgment below

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

Before: VIKAS AWASTHYSmt. Hansa Lalit Soni,

Hearing: 27/07/2021Pronounced: 27/07/2021

Assessee by : None Revenue by : Shri Sanjay J. Sethi सुनवाई क� �त�थ/ Date of hearing : 27/07/2021 घोषणा क� �त�थ/ Date of pronouncement : 27/07/2021 आदेश/ ORDER

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-40, Mumbai [ in short ‘the CIT(A)’]dated 02/08/2019 passed under section 154(2)(b) of the Income Tax Act, 1961 (in short 'the Act') for the assessment year 2008-09.

2.

A letter dated 16/02/2021 has been received from the assessee stating that the assessee has opted for 'Vivad Se Vishwas Scheme, 2020'( in short 'VSVS') and hence, wants to withdraw the appeal subject to issue of Form-5 by the Designated Authority.

3.

Shri Sanjay J. Seth representing the Department stated that the Department has no objection if the assessee wants to withdraw appeal to avail the benefit of VSVS'.

4.

A perusal of above letter shows that the assessee's declaration under VSVS for the impugned assessment year has been accepted and the Designated Authority has issued Form-3. The assessee at this stage is seeking conditional withdrawal, subject to issuance of Form-5 by the Designated Authority. In view of above, the appeal by assessee is dismissed as withdrawn at this stage.

5.

Liberty is granted to the assessee to revive appeal in the event declaration filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee/appellant seeks to restore the appeal in the event assessee’s declaration under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS [Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court].

6.

In the result, appeal by assessee is dismissed at this stage with the liberty aforesaid.

Order pronounced in the open court on Tuesday the 27th day of July , 2021.

(VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/ Mumbai, �दनांक/Dated 27/07/2021 Vm, Sr. PS (O/S)

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