UTV SOFTWARE COMMUNICATIONS LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX 16(1), MUMBAI

PDF · subscribers
ITA 5595/MUM/2019Status: DisposedITAT Mumbai23 July 2021AY 2010-113 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The Tribunal treated the appeals as dismissed and withdrawn in view of the assessee's settlement under the Vivad Se Viswas Scheme. Liberty was granted to restore the appeals if the declaration under the scheme is later declared bad in law.

What were the facts?

The assessee filed appeals before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute. The assessee obtained Form-3 from the designated authority under the scheme.

What were the issues?

The primary issue was the impact of the assessee's settlement under the Vivad Se Viswas Scheme on the pending appeals before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(4)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘F‘ BENCH

Before: SHRI MAHAVIR SINGH & SHRI MANOJ KUMAR AGGARWAL

For Respondent: Ms. Amrita Ranjan
Hearing: 10/05/2021Pronounced: 23/07/2021

आदेश / O R D E R PER MAHAVIR SINGH(VP): These appeals in 5661/Mum/2019 for A.Y.2010-11 & 2014-15 respectively arise out of the order by the ld.

1.

5661/Mum/2019 M/s. UTV Software Communications Ltd., Commissioner of Income Tax (Appeals)-58, Mumbai in appeal Nos. CIT(A)-58, Mumbai/10260/2017-18 & CIT(A)-4/e-file-45/ACIT- 16(1)/2017-18 dated 15/07/2019 & 06/06/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) & 143(3) r.w.s. 144C(4) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 29/05/2014 & 08/12/2017 respectively by the ld. Income Tax Officer, 11(1), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the assessee filed a letter dated 07/05/2021 mentioning that an application had been preferred under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeals pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeals restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeals of the assessee and Revenue are dismissed.

Order pronounced on 23/07/2021 by way of proper mentioning in the notice board.

Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (MAHAVIR SINGH) ACCOUNTANT MEMBER VICE PRESIDENT Mumbai; Dated 23/07/2021 Sudip Sarkar, Sr.Ps.

5661/Mum/2019 M/s. UTV Software Communications Ltd.,

More judgments on Section 144C(4)

All 61 judgments and leading authorities on Section 144C(4) →

Recent GST High Court judgments

Search GST case law →