ABHIJEET B RANE,MUMBAI vs. ACIT 25 (3), MUMBAI

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ITA 8036/MUM/2019Status: DisposedITAT Mumbai20 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The Tribunal treated the appeal as dismissed and withdrawn, granting liberty to the assessee to have it restored if the Vivad Se Viswas declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute for the assessment year 2008-09.

What were the issues?

The primary issue was the pendency of the appeal before the tribunal in light of the assessee opting for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESHShri Abhijeet B Rane

For Respondent: Shri Brajendra Kumar
Hearing: 20/07/2021Pronounced: 20/07/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-45, Mumbai in appeal No.CIT(A), Mumbai-45/10035/2014-15 dated 11/11/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/12/2013 by the ld. Asst. Commissioner of Income Tax-25(3), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the assessee filed a letter dated 16/07/2021 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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, appeal of the assessee is dismissed.

Order pronounced in open Court on 20/07/2021

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