ACIT, CIRCLE- 14 (1)(2), MUMBAI vs. CHEMICAL PROCESS PIPING PVT. LTD., MUMBAI

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ITA 7195/MUM/2019Status: DisposedITAT Mumbai13 July 2021AY 2010-113 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 held that since the assessee has settled the dispute under the VSV Scheme and received acknowledgement through Form 3 for both assessment years, the appeals should be dismissed. The Tribunal found no reason to keep the appeals pending.

What were the facts?

The assessee had opted for settlement of disputes for assessment years 2010-11 and 2015-16 under the Direct Tax Vivad Se Vishwas Scheme (VVS Scheme). The assessee received Form No. 3 from the appropriate authority and paid the respective taxes.

What were the issues?

Whether the appeals should be dismissed as the assessee has settled the dispute under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI MAHAVIR SINGH, VP & SHRI S. RIFAUR RAHMAN, AM

For Appellant: Ms. Shreekala Paradeshai, DR
For Respondent: Shri Ashok Suthar, AR
Hearing: 13.07.2021Pronounced: 13.07.2021

Heard together (2 matters)

ITA No. 7195/Mum/2019
ITA No. 7250/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

ए रयपऔय यहभान, लेखा सदस्य के द्वाया / PER S. RIFAUR RAHMAN, AM: In these appeals of assessee and Revenue are arising out of the orders of the Commissioner of Income Tax (Appeals)]-22, Mumbai [in short CIT(A)], dated 21.08.2019 & 21.09.2019. The assessments were framed by the Dy. Commissioner of Income Tax, Circle-14(1)(2) Mumbai (in short DCIT/ITO/ AO) for the A.Ys. 2010-11 & 2015-16 vides order dated 29.10.2015 & 29.11.2017 under section 143(3) read with section 147 of the Income-tax Act, 1961 (hereinafter ‘the Act’). The registry placed on record assessee’s letters dated 9th July, 2. 2021 wherein it has been submitted that the assessee has already opted for settlement of dispute for both the assessment years under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and received Form No.3 from appropriate authority. The Ld. AR further submitted that with respect to AY 2016-17, the assessee applied for settlement when the appeal was pending before CIT(A) (ITA 348/Mum/2020). Since, the Revenue has filed the present appeal for which Assessee has already received the form-3 and paid the respective taxes. On the other hand, the Ld. DR submitted that the appeal may be dismissed.

3.

In view of foregoing, the appeals stand dismissed as the assessee has settled the dispute under the VSV Scheme and received ITA Nos.7195 & 7250/Mum/2019 Chemical Process Piping Pvt. Ltd.; AYs: 10-11 & 15-16 acknowledgement through form ‘3’ for both AY’s. Therefore, assessee also complied with the settlements by paying respective tax as per scheme. We do not see any reason to keep these appeals pending. Accordingly, these appeals are dismissed.

4.

In the Result, both the appeals are dismissed. Order pronounced in the open court on13.07.2021. (भहावीय स िंह /MAHAVIR SINGH) (ए रयपऔय यहभान/ S. RIFAUR RAHMAN) (उऩाध्मक्ष / VICE PRESIDENT) (रेखा दस्म / ACCOUNTANT MEMBER) भुिंफई, ददनािंक/ Mumbai, Dated:13.07.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS आदेश की प्रतिलऱपप अग्रेपषि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER,

त्मावऩत प्रनत //व. तनजी सधिव/ Sr. Private Secretary आयकर अपीऱीय अधिकरण, भुिंफई / ITAT, Mumbai

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