INCOME TAX OFFICER 11(3)(2), MUMBAI vs. TEERTH MERCANTILE PRIVATE LIMITED (NOW VALENTINE MERCANTILE PRIVATE LIMITED), MUMBAI

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ITA 5278/MUM/2017Status: DisposedITAT Mumbai24 May 2021AY 2010-113 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?

Since the assessee is not contesting the appeals due to the settlement under the Vivad Se Vishwas Scheme and Form No. 3 has been issued, the appeals filed by the Revenue are no longer necessary to be kept pending.

What were the facts?

The Revenue filed appeals against the orders of the CIT(A) for assessment years 2009-10 and 2010-11. The assessee had applied for settlement of the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020.

What were the issues?

Whether the Revenue's appeals should be dismissed as infructuous due to the assessee opting for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI S. RIFAUR RAHMAN & SHRI RAVISH SOOD

For Appellant: Shri Navin Mishra
For Respondent: Shri Vijay Kumar Menon, Shri Navin Mishra

The aforesaid appeals have been filed by the Revenue challenging the order dated 7th June 2019, passed for the assessment year 2010–11 and order dated 20th April 2017, passed for the assessment year 2009–10, by the learned Commissioner (Appeals)– 18, Mumbai.

2 Teerth Mercantile Pvt. Ltd.

2.

While going through the record available before us, we find that the assessee has filed a letter dated 23rd December 2020, intimating that the assessee has applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020 and Form no.3 issued by the Revenue are also kept on record. In this view of the aforesaid circumstances, the learned Counsel for the assessee did not wish to contest the Revenue’s appeal before us.

3.

The learned Departmental Representative did not object to the submissions of the learned Counsel for the assessee.

4.

Considering the fact that the assessee is not interested to contest the appeal filed by the Revenue before us, as the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, consequently, we are of the opinion that there is no necessity to keep the present appeal pending since the Revenue has already issued Form no.3. Therefore, we hold that the appeals filed by the Revenue are liable to be dismissed as such.

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