DREAMZ ACHIEVERS (INDIA) PVT. LTD.,MUMBAI vs. ITO 9(3)(2), MUMBAI

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ITA 7123/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' and received the necessary form. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order related to penalties and assessment. During the hearing, the assessee expressed an intention to settle the tax litigation through the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

The primary issue was whether the appeal should continue when the assessee has opted for a settlement scheme. The Tribunal also considered the procedure for recalling an order.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

For Appellant: Shri Vimal C Punmiya. AR
For Respondent: Shri Rajesh Mishra. DR
Hearing: 20.05.2021Pronounced: 24.05.2021

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)-16, Mumbai, passed u/s.271(1)(c) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld. Counsel for the assessee has filed a letter dt 30.03.2021 mentioning that the assessee intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS2020) and filed an Dreamz Achievers (india) Pvt Ltd Mumbai application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the rival submissions and perused the material on record. Since the Ld.AR has filed a letter mentioning that the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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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