DCIT CC 3, THANE vs. M/S TEENA HOUSING FINANCE LTD., MUMBAI

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ITA 3721/MUM/2019Status: DisposedITAT Mumbai24 June 2021AY 2010-112 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 had opted for the Vivad Se Vishwas Scheme and Form No. 3 was issued. Therefore, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2010-11. The assessee informed the tribunal that they had opted for the Vivad Se Vishwas Scheme and Form No. 3 had been issued.

What were the issues?

The primary issue was whether the Revenue's appeal should be dismissed due to the assessee's enrollment in the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “E”, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI RAJESH KUMAR

For Appellant: Ms. Vinita Shah, A.R
For Respondent: Shri Sanjeev Kashyap, D.R
Hearing: 24.06.2021Pronounced: 24.06.2021

Per Rajesh Kumar, Accountant Member:

1.

The present appeal has been preferred by the Revenue against the order dated 18.03.2019 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2010-11.

2.

At the outset, the Ld. Counsel of the assessee brought to the notice of the Bench that the assessee has gone into Vivad Se Vishwas Scheme and form No.3 has already been issued. The Ld. A.R., therefore, prayed before the Bench that appeal may kindly be dismissed. The Ld. D.R. fairly conceded that form 3 has been issued to the assessee as a copy of the same is furnished to him.

3.

After hearing both the sides and perusing the materials before us, we are inclined to dismiss the appeal of the revenue as the assessee has availed the Vivad Se Vishwas Scheme and form No.3 has already been issued. However the DR is at liberty to get the appeal restored in case of assessee not meeting all stipulations of Vivad Se Vishwas Scheme.

4.

In the result, the appeal of the Revenue is dismissed.

Order pronounced in the open court on 24.06.2021.

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