M/S MEDASA INVESTMENT PVT. LTD,MUMBAI vs. ITO, 10(2)(4), MUMBAI

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ITA 3212/MUM/2019Status: DisposedITAT Mumbai31 May 2021AY 2013-143 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 opted for the 'Vivad se Vishwas Scheme 2020' and received Form-3. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee informed the tribunal that it intended to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme 2020'.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Respondent: Shri Thamian Oommen, DR
Hearing: 31.05.2021Pronounced: 31.05.2021

O R D E R

PER PAVAN KUMAR GADALE, JM:

1.

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 51, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the assessee has filed a letter dt 26-03-2021 mentioning that it intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an application in Form No. 1 & 2 Medasa Investment Pvt Ltd., Mumbai under VSVS Rules 2020. Contra, the Ld.DR has no objections.

3.

We heard the Ld DR and perused the material on record. Since the assessee has filed a letter on 26.03.2021 and has opted for ‘Vivaad se Vishwas Scheme 2020’ and has received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

In the result, the appeal filed by the assessee is dismissed.

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