OMYA INDIA PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX 7(3)(1), MUMBAI

PDF · subscribers
ITA 5282/MUM/2017Status: DisposedITAT Mumbai12 July 2021AY 2012-132 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 Viswas Scheme and received Form-5. Both parties agreed to this development.

What were the facts?

The assessee filed an appeal against the final assessment order. The assessee later filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13),Section 144C(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘J‘ BENCH

Before: SHRI VIKAS AWASTHY & SHRI M.BALAGANESH

For Appellant: Shri Ketan Ved
For Respondent: Shri Vatsalya Saxena
Hearing: 12/07/2021Pronounced: 12/07/2021

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2012-13 preferred by the order against the final assessment order passed by the Assessing Officer dated 29/11/2016 u/s.143(3) r.w.s.144C(13) of the Income Tax Act, hereinafter referred to as Act, pursuant to the directions of the ld. Dispute Resolution Panel (DRP in short) u/s.144C(5) of the Act dated 29/09/2016 for the A.Y.2012-13.

2.

We find that the ld. AR filed a letter dated 12/07/2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-5 from the designated authority thereon, copy of which was enclosed alongwith this letter. Ld. DR also agreed that the Form-5 has been received.

3.

In view of this, we hereby dismiss the appeal pending before us.

4.

In the result, appeal of the assessee is dismissed as withdrawn.

Order pronounced in open Court on 12/07/2021.

More judgments on Section 144C(13)

All 3,426 judgments and leading authorities on Section 144C(13) →

Recent GST High Court judgments

Search GST case law →