OXFORD UNIVERSITY PRESS,MUMBAI vs. DCIT - IT TAX CIRCLE - 3(2)(2), MUMBAI

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ITA 6688/MUM/2019Status: DisposedITAT Mumbai05 May 2021AY 2009-103 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 that the assessee had opted for the 'Vivad se Vishwas Scheme' and received the relevant form. Consequently, it was deemed purposeless to keep the appeal pending.

What were the facts?

The assessee filed an appeal against an order related to penalties and assessment. During the hearing, the assessee informed the tribunal of their intention to settle the tax litigation under the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

The primary issue was the pendency of the appeal when the assessee had opted for a settlement scheme. The tribunal considered the implications of the 'Vivad se Vishwas Scheme' on the ongoing appeal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

For Respondent: Shri Manpreet Singh Duggal
Hearing: 05.05.2021Pronounced: 06.05.2021

O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 57, Mumbai, passed u/s. 271(1)(c) and 250 of the Income Tax Act, 1961. 2.At the time hearing, the assessee has filed a letter dt 12-04-2021 mentioning that it intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ Oxford University Press., Mumbai (VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld.DR has no objections.

3.

We heard the Ld DR and perused the material on record. Since the assessee has filed a letter on 12.04.2021 opted for ‘Vivaad se Vishwas Scheme 2020’ and received Form-3 from the income tax department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

In the result, the appeal filed by the assessee is dismissed.

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