What did the Tribunal hold?

The Tribunal noted that the assessee had initiated the Vivadh se Vishwas settlement process. Therefore, the appeals were dismissed as withdrawn, with liberty to seek restoration if the settlement is not finalized.

The assessee opted to settle disputes under the Direct Tax Vivadh se Vishwas Act, 2020. They received Form 3, paid taxes, and submitted Form 4, but had not yet received Form 5.

What were the issues?

Whether the appeals should be kept pending when the assessee has opted for settlement under the Vivadh se Vishwas Act.

M/S Nahar Gems vs ACIT | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Appellant: Shri Kapil Shah

For Respondent: Smt. Smita Verma

Heard together (4 matters)

I.T.A. No.3755/Mum/2019

I.T.A. No.3756/Mum/2019

I.T.A. No.3757/Mum/2019

I.T.A. No.3759/Mum/2019

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

Date of hearing 10-06-2021 Date of pronouncement 10-06-2021 O R D E R Captioned appeals by the same assessee arise out four separate orders, all dated 18-03-2019, of learned Commissioner of Income Tax (Appeals)-5, Mumbai for the assessment years 2007-08, 2009-10, 2010-11 and 2013-14.

At the outset, learned authorized representative of the assessee submitted that the assessee has opted for settling the dispute arising in these appeals under the Direct Tax Vivadh se Vishwas Act, 2020. He submitted, after receiving the certificates issued by the designated authority in form 3, the assessee has also paid the tax due and submitted form 4. However, he submitted, assessee has not 2 M/s Nahar Gems yet received form 5. Letters dated 09-03-2021 to this effect attaching copies of form 3 have also been furnished before the bench.

3. I have heard the parties and perused the materials on record. It is a fact that the assesee has opted for settling the dispute arising in these appeals under the Direct tax Vivadh se Vishwas Act, 2020 and has received form 3 issued by the designated authority and paid the taxes and furnished form 4. Under these circumstances, it is not necessary to keep these appeals pending. Accordingly, I deem it appropriate to dismiss these appeals as withdrawn. However, if for any unforeseen reasons, assessee’s declarations under the Vivadh se Vishwas scheme, ultimately, are not accepted by the department by issuing form 5, liberty is granted to the assessee to seek restoration of these appeals.

M/S NAHAR GEMS,MUMBAI vs. ACIT 19(2), MUMBAI

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What were the facts?

What were the issues?

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