ATUL C. KAMDAR,MUMBAI vs. ITO WARD 13(2)(3), MUMBAI

PDF · subscribers
ITA 7432/MUM/2018Status: DisposedITAT Mumbai01 June 2021AY 2007-083 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 at this stage due to the assessee opting for the 'Viwad Se Vishwas Scheme'. Liberty was granted to revive the appeal if the scheme declaration fails to mature.

What were the facts?

The assessee opted for the 'Viwad Se Vishwas Scheme, 2020' and filed a declaration. The Department had no objection to the assessee availing this benefit.

What were the issues?

The primary issue was the impact of the assessee opting for the 'Viwad Se Vishwas Scheme' on the pending appeal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 01/06/2021Pronounced: 01/06/2021

अपीलाथ% )ारा/ Appellant by : None &ितवाद( )ारा/Respondent by : Sh. Sanjay J. Sethi सुनवाई क* ितिथ/ Date of hearing : 01/06/2021 घोषणा क* ितिथ/ Date of pronouncement : 01/06/2021 आदेश/ ORDER PER VIKAS AWASTHY, J.M: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-28, Mumbai [hereinafter referred to as ‘the CIT(A)’] dated 08/10/2018 for the assessment year 2007-08.

2.

A letter dated 19/05/2021 has been received by the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’). The declaration has already been filed under VSVS and Form-3 is awaited.

आअसं. 7432/मुं/2018 (िन.व.2007-08) (A.Y.2007-08)

3.

Shri Sanjay J. Sethi representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

4.

In view of the fact that the assessee has opted for VSVS and has already filed declaration, the appeal by assessee is dismissed at this stage.

5.

Liberty is granted to the assessee to revive the appeal in the event declaration filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee/appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [Re. M/s. Nannusamy Mohan (HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16.10.2020 by Hon’ble Madras High Court]

6.

In the result, appeal by assessee is dismissed, with the liberty aforesaid.

Order pronounced in the open court on Tuesday, the 1st day of June, 2021. Sd/- (VIKAS AWASTHY) �याियक सद�य / JUDICIAL MEMBER मुंबई/Mumbai, 2दनांक/Dated: 01/06/2021 SK, PS

आअसं. 7432/मुं/2018 (िन.व.2007-08) (A.Y.2007-08)

Recent GST High Court judgments

Search GST case law →