DCIT CIR 3(3)(1), MUMBAI vs. SIDDHESH CAPITAL MARKET SERVICES P.LTD, MUMBAI

PDF · subscribers
ITA 6895/MUM/2017Status: DisposedITAT Mumbai12 July 2021AY 2011-123 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the assessee did not wish to contest the appeal due to the settlement under the Vivad Se Vishwas Scheme. Consequently, the appeal was no longer necessary to be kept pending.

What were the facts?

The Revenue filed an appeal challenging an order from the CIT(A). The assessee had applied for settlement under the Vivad Se Vishwas Tax Scheme, 2020, and the necessary forms were submitted by both parties.

What were the issues?

The primary issue was whether the appeal should be continued when the dispute was settled under a tax amnesty scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI S. RIFAUR RAHMAN & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Jay Bhansali
For Respondent: Shri T.S. Khalsa, Shri Jay Bhansali

The captioned appeal has being filed by the Revenue challenging the order dated 21st February 2014, passed by the learned Commissioner of Income Tax (Appeals)–8, Mumbai, for the assessment year 2011–12.

2.

While going through the record available before us, we find that the assessee has filed a letter dated 12th May 2021, intimating that the assessee has applied for settling the tax dispute under the Vivad Se

2 Siddhesh Capital Market Services P. Ltd.

Vishwas Tax Scheme, 2020 and Forms no.1, 2 and 3 issued by the Revenue are also kept on record. The learned Departmental Representative has also filed a compliance report in Form no.5, issued by the Department for full and final settlement of tax, etc. In this view of the aforesaid circumstances, the learned Counsel for the assessee did not wish to contest the appeal filed by the Revenue before us.

3.

The learned Departmental Representative conceded the submissions of the learned Counsel for the assessee.

4.

Considering the fact that the assessee is not interested to contest the appeal filed by the Revenue before us, as the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, consequently, we are of the opinion that there is no necessity to keep the present appeal pending since the Revenue has already issued aforesaid forms. In this view of the matter, we hold that the appeal filed by the Revenue is liable to be dismissed.

5.

In the result, Revenue’s appeal is treated as dismissed. Order pronounced in the open court on 12.07.2021

Recent GST High Court judgments

Search GST case law →