RAMJI R GUPTA,MUMBAI vs. ITO 24(3)(4), MUMBAI

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ITA 1633/MUM/2016Status: DisposedITAT Mumbai03 June 2021AY 2008-092 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. Forms 1, 2, 3, and 4 were issued by the designated authority.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas settlement scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

For Appellant: Shri M. Subramaniam &, Shri Radha Halbe, A.Rs
For Respondent: Shri Bharat Andhale, D.R
Hearing: 29.04.2021Pronounced: 03.06.2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(Appeals)-42, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec.143(3) r.w.s 263 of the Act, dated 17.02.2014 for assessment year 2008-09.

2.

The assessee has e-filed a letter wherein it is stated that he had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in Form 1 & Form 2 in order to settle the aforesaid matter pending before the Tribunal. Further, it is stated by the assessee that Form 3 and 4 have been issued to him by the designated authority. In support of his aforesaid claim the assessee had enclosed along with his letter copies of Form 3 & Form 4 3. The ld. D.R did not controvert the aforesaid factual position as was stated 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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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.

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