SUNTECK REALTY LIMITED,MUMBAI vs. DCIT CENT. CIR. 3(4), MUMBAI

PDF · subscribers
ITA 6061/MUM/2017Status: DisposedITAT Mumbai26 July 2021AY 2009-103 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 noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and received the relevant form. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee expressed an intention to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for a settlement scheme. The applicability of the 'Vivad se Vishwas Scheme' for settling tax litigation.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Vinita Shah
For Respondent: Shri T.S. Khalsa, DR
Hearing: 26.07.2021Pronounced: 26.07.2021

O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals)-51, Mumbai, dated 08.08.2017 passed u/s 143(3) r.w.s 147 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld.AR of the assessee has submitted that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an application and Form no-3 Sunteck Reality Ltd., Mumbai. under VSVS Rules 2020 was received. Contra, the Ld. DR has no objections.

3.

We heard the rival submissions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

In the result, the appeal filed by the assessee is dismissed.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →