RAMJI R GUPTA,MUMBAI vs. CIT-24, MUMBAI

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ITA 4364/MUM/2018Status: DisposedITAT Mumbai21 May 2021AY 2008-092 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement was not finalized.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income-tax Act. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

The primary issue was the pendency of the appeal before the Tribunal in light of the assessee's settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

For Appellant: Shri M. Subramaniyam, A.R
For Respondent: Ms. R. M. Madhavi, D.R
Hearing: 26/04/2021Pronounced: 21/05/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed under Sec. 263 of the Income-tax Act, 1961 by the CIT-24, Mumbai, dated 26.02.2013, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 30.12.2010 for assessment year 2008-09.

2.

The assessee has e-filed a letter wherein it is stated that he had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in Form 1 & Form 2 in order to settle the aforesaid matter pending before the Tribunal. Further, it is stated by the assessee that Form 3 and 4 have been issued to him by the designated authority. In support of his aforesaid claim the assessee had enclosed alongwith its letter copies of Form 3 & Form 4.

3.

The ld. D.R did not controvert the aforesaid factual position as was stated before us.

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