M/S S C SALES AGENCIES,MUMBAI vs. ITO 17 (3)(2), MUMBAI

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ITA 7498/MUM/2019Status: DisposedITAT Mumbai14 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 noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and received the relevant form. Therefore, no purpose would be served by keeping the appeal pending.

What were the facts?

The assessee filed an appeal against an order related to penalties and assessment. During the hearing, the assessee submitted a withdrawal letter indicating their intention to settle the tax litigation under the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

For Respondent: Shri Vijay Kumar Menon, DR
Hearing: 17.06.2021Pronounced: 21.06.2021

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)-28, Mumbai, passed u/s. 271(1)(c) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, a letter dt 08.04.2021 was filed mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an application in Form No. 1 & 2 M/s. SC Sales Agencies, Mumbai under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the Ld. DR and perused the material on record. Since a letter was filed mentioning that 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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.

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