HIRJI SHAH HUF,MUMBAI vs. ITO, 17(1)(5), MUMBAI

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ITA 3252/MUM/2019Status: DisposedITAT Mumbai08 June 2021AY 2015-162 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 noted that the assessee had received a certificate under the Vivad se Vishwas Act for settlement. The revenue did not controvert this position.

What were the facts?

The assessee HUF filed an appeal before the ITAT. The karta of the assessee HUF submitted a letter stating that the matter was settled under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

For Respondent: Shri Gurbinder Singh, D.R
Hearing: 08/06/2021Pronounced: 08/06/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee HUF is directed against the order passed by the CIT(A)-28, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 27.12.2017 for assessment year 2015-16.

2.

The karta of the assessee HUF has placed on record a letter wherein it is stated that the assessee HUF had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and have received the certificate under sub- section (1) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of its aforesaid claim the assessee had enclosed alongwith its letter ‘Form 3’ issued by 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 It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.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.

2 Shri Hirji Morarji Shah HUF Vs. ACIT 17(1)(5) 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 In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove.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 08/06/2021.

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