PRASHANT SURESH SHETH,MUMBAI vs. ITO 19 (2)(5), MUMBAI

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ITA 6869/MUM/2019Status: DisposedITAT Mumbai24 May 2021AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal considered the assessee's submission and the fact that a certificate under the Vivad se Vishwas Act was issued. The appeal was dismissed as withdrawn.

What were the facts?

The assessee had opted to settle the dispute under the Direct Tax Vivad se Vishwas Act, 2020 and received a certificate. The assessee intended to pay the tax under the scheme soon.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY (JM)

For Respondent: Shri Saurabh Kumar Rai (DR)
Hearing: 24/05/2021Pronounced: 24/05/2021

This is an appeal by the assessee against the order dated 25.04.2019 of learned Commissioner of Income Tax (Appeals) – 4, Mumbai for the assessment year 2009-10.

2.

When the appeal was called for hearing in the virtual court, the assessee appeared in person and submitted that he has opted for settling the dispute arising in the present appeal by filing declaration under the Direct Tax Vivad se Vishwas Act, 2020 and has received the certificate issued by the designated authority in Form- 3. He submitted, he has not yet deposited the tax payable under the scheme but will pay it soon. A letter dated 20.05.2021 to this effect has also been furnished by the assessee.

3.

I have considered the submissions of the assessee and have heard the learned Departmental Representative. Considering the fact that the assessee Assessment Year: 2009-10 has opted for settling the dispute arising in the present appeal under the Direct Tax Vivad se Vishwas Act, 2020 and has received Form- 3 issued by the designated authority, I am inclined to dismiss this appeal as withdrawn. However, if for any unforeseen reasons, assessee’s declaration under the Direct Tax Vivad se Vishwas Act, 2020 is not accepted by the revenue, liberty is granted to the assessee to seek restoration of this appeal.

4.

In the result, appeal is dismissed.

Order pronounced in the open court on 24th May, 2021.

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