AKHILESH VIJAY JAIN,MUMBAI vs. ITO 17(1)91), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal treated the appeal as dismissed and withdrawn, granting liberty to the assessee to seek restoration if the Vivad Se Viswas declaration is later declared bad in law.
What were the facts?
The assessee filed an appeal before the ITAT. Subsequently, the assessee submitted a letter stating they had opted for the Vivad Se Viswas Scheme to settle the tax dispute for the relevant assessment year.
What were the issues?
The primary issue was the impact of the assessee's enrollment in the Vivad Se Viswas Scheme on the pending appeal before the Tribunal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘SMC‘ BENCH
Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESHShri Akhilesh Vijay Jain
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-55, Mumbai in appeal No.CIT(A)-55/ITO-17(1)(1)/IT-467/2017-18 dated 28/11/2019 (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 28/12/2016 by the ld. Income Tax Officer, 17(1)(1), Mumbai (hereinafter referred to as ld. AO).
We find that the assessee filed a letter dated 23/04/2021 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.
In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open Court on 07/05/2021.
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