M/S PLUS TECH ENGINEERING PVT LTD.,MUMBAI vs. ACIT 15 (3), MUMBAI

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ITA 7399/MUM/2019Status: DisposedITAT Mumbai24 May 2021AY 2008-093 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 the assessee's application under the Vivad Se Vishwas Scheme. Consequently, the appeal was treated as dismissed and withdrawn, with liberty to restore it if the scheme declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Vishwas Scheme, 2020, to settle the tax dispute for the assessment year under consideration.

What were the issues?

The primary issue was the impact of the assessee's application under the Vivad Se Vishwas Scheme on the pending appeal before the Tribunal.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C‘ BENCH

Before: SHRI M.BALAGANESH & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Sreekumar Nair & Shri Nikhil
For Respondent: Ms. Shreekala Pardeshi
Hearing: 24/05/2021Pronounced: 24/05/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-24, Mumbai in appeal No.CIT(A)-24/ACIT-10(3)/IT-123/2010-11 dated 30/08/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 16/12/2010 by the ld. Asst. Commissioner of Income Tax-10(3), Mumbai (hereinafter referred to as ld. AO).

M/s. Plus Tech Engineering Pvt Ltd.,

2.

We find that the assessee filed a representation mentioning that an application had been preferred under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeal of the assessee is dismissed.

Order pronounced in open Court on 24/05/2021.

Sd/- Sd/- (PAVAN KUMAR GADALE) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 24/05/2021 KARUNA, sr.ps

M/s. Plus Tech Engineering Pvt Ltd.,

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