WINDSOR REALITY PVT. LTD.,MUMBAI vs. ACIT 13 (3)(1), MUMBAI

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ITA 6385/MUM/2019Status: DisposedITAT Mumbai12 July 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for settlement under the Vivad se Vishwas scheme. A rider was added allowing restoration if the settlement failed.

What were the facts?

The assessee filed an appeal against an order passed under Section 271(1)(c) of the Income-tax Act. The assessee subsequently filed an application under the Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

For Respondent: Shri T.S. Khalsa, D.R
Hearing: 12/07/2021Pronounced: 12/07/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-21, Mumbai, which in turn arises from the order passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961 dated 28.03.2018 for assessment year 2011-12.

2.

The assessee has placed on record a letter dated 19.04.2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. It is stated by the assessee that it has received “Form 3” dated 22.12.2020 (copy enclosed) from the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

2 Windsor Reality Pvt. Ltd. Vs. ACIT-13(3)

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