M/S.GANITA TECHNOLOGIES & SERVICES PRIVATE LIMITED,MUMBAI vs. ACIT 3(1)(2), MUMBAI

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ITA 1976/MUM/2018Status: DisposedITAT Mumbai14 June 2021AY 2013-143 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The Tribunal treated the appeal as dismissed and withdrawn due to the assessee's participation in the Vivad Se Viswas Scheme. Liberty was granted to restore the appeal if the declaration under the scheme is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee opted for the Vivad Se Viswas Scheme, 2020, to settle the tax dispute. The assessee submitted Form-3 under the scheme.

What were the issues?

Whether an appeal pending before the ITAT should be dismissed when the assessee opts for the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘G‘ BENCH

Before: SHRI MAHAVIR SINGH & SHRI M.BALAGANESH

For Respondent: Shri T.S. Khasla
Hearing: 15/06/2021Pronounced: 15/06/2021

आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in A.Y.2013-14 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-8, Mumbai in appeal No.CIT(A)-8/IT-495/15-16 dated 05/02/2018 ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30/11/2015 by the ld. Asst. Commissioner of Income Tax 3(1)(2), Mumbai (hereinafter referred to as ld. AO).

M/s. Ganita Technologies & Services Pvt. Ltd.,

2.

We find that the ld. AR filed a letter mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter. Ld. DR also agreed that the Form -3 has been received.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced on 15/06/2021 by way of proper mentioning in the notice board.

1.

Sd/- Sd/- (MAHAVIR SINGH) (M.BALAGANESH) VICE PRESIDENT ACCOUNTANT MEMBER Mumbai; Dated 15/06/2021 KARUNA, sr.ps

M/s. Ganita Technologies & Services Pvt. Ltd.,

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