METTER-TOLEDO INDIA PVT. LTD,MUMBAI vs. DY CIT CIRCLE-10 (2)(2), MUMBAI

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ITA 6470/MUM/2019Status: DisposedITAT Mumbai19 July 2021AY 2011-123 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The Tribunal treated the appeal as dismissed and withdrawn due to the assessee's participation in the Vivad Se Viswas Scheme. Liberty was granted to restore the appeal if the declaration under the scheme is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a letter stating they had opted for the Vivad Se Viswas Scheme 2020 to settle the tax dispute.

What were the issues?

The primary issue was the impact of the assessee opting for the Vivad Se Viswas Scheme on the pending appeal before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESH

For Appellant: Shri Ankur Nayar
For Respondent: Shri Bharat Andhle
Hearing: 19/07/2021Pronounced: 19/07/2021

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-17, Mumbai in appeal No.CIT(A)-17/IT-74/15-16 dated 30/07/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 13/03/2015 by the ld. Dy. Commissioner of Income Tax – 10(2)(2), Mumbai (hereinafter referred to as ld. AO).

M/s. Mettler-Toledo India Pvt. Ltd.,

2.

We find that the assessee filed a letter dated 13/05/2021 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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 19/07/2021

1.

Sd/- Sd/- (MAHAVIR SINGH) (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER Mumbai; Dated 19/07/2021 KARUNA, sr.ps

M/s. Mettler-Toledo India Pvt. Ltd.,

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