INCOME TAX OFFICER 11(2)(4), MUMBAI vs. M/S. SUNGOLD PACKAGING PRIVATE LIMITED, MUMBAI

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ITA 6094/MUM/2017Status: DisposedITAT Mumbai03 June 2021AY 2011-122 pages

In favour of the assessee: the Revenue'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 opted for settlement under the Vivad se Vishwas Scheme and had fulfilled the necessary conditions. Therefore, the appeal filed by the Revenue was dismissed.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for the assessment year 2011-12. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and had paid the due tax.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed in light of the assessee's settlement under the Vivad se Vishwas 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, MUMBAI BENCH “G” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI S. RIFAUR RAHMAN

For Appellant: Mr. Jitendra Singh, AR
For Respondent: Ms. T.S. Khalsa, DR, Mr. Jitendra Singh, AR
Hearing: 03/06/2021Pronounced: 03/06/2021

ORDER PER S. RIFAUR RAHMAN, A.M. This is an appeal filed by the Revenue. The relevant assessment year is 2011-12. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-18, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).

2.

At the outset, the assessee filed vide letter dated 02.06.2021, assessee submitted that it has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and confirmed the receipt of Form-3 as well as remitted the tax and prayer to withdraw the appeal.

M/s Sungold Packaging 2

3.

The Ld. DR also did not object to course so suggested and agreed to file the compliance report from Assessing Officer in due course.

4.

In view of the above, we dismiss the appeal of the Revenue since assessee has preferred to settle the issue under Vivad se Vishwas Scheme and it has received the acknowledgement in Form-3 as well as paid the tax due on them. Therefore, this appeal is accordingly dismissed.

5.

In the result, the appeal is dismissed.

Order pronounced in the open Court on 03/06/2021.

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