M/S. JADE CONSUMER PRODUCTS(I) PVT. LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-10(2)(1), MUMBAI

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ITA 5349/MUM/2019Status: DisposedITAT Mumbai17 June 2021AY 2009-102 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The Tribunal allowed the appeal to be withdrawn as the assessee had opted for settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement was not finalized.

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 had applied for settlement under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.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 “F” MUMBAI

For Appellant: Shri. Akshay Jain
For Respondent: Shri. Jitendra Kumar, D.R
Hearing: 17/06/2021Pronounced: 17/06/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-17, 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 2009-10.

2.

The ld. Authorised Representative (for short “A.R”) for the assessee at the very outset of the hearing of the appeal submitted that as the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal, therefore, as instructed, the captioned appeal may be allowed to be withdrawn.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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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. 5. Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in the open court on 17/06/2021.

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