MALLIKARJUN B PANDERAGERA,NAVI MUMBAI vs. ITO 28 (2)(2), NAVI MUMBAI

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ITA 112/MUM/2020Status: DisposedITAT Mumbai23 April 2021AY 2014-153 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 Viswas Scheme. Consequently, the appeal was treated as dismissed and withdrawn, with liberty to restore it if the scheme declaration is later declared invalid.

What were the facts?

The assessee had filed an appeal before the ITAT concerning a penalty imposed under Section 271B. Subsequently, the assessee filed an application under the Vivad Se Viswas Scheme, 2020, to settle the tax dispute.

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 ITAT.

Which sections of the Income-tax Act were involved?

Section 271B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESHShri Mallikarjun B Panderagera

For Respondent: Shri Bharat Andhale
Hearing: 23/04/2021Pronounced: 23/04/2021

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

1.

This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-26, Mumbai in appeal No.CIT(A)-26/IT-10032/2017-18 dated 15/11/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271B of the Income Tax Act, 1961(hereinafter referred to as „Act‟)

Shri Mallikarjun B Panderagera

2.

We find that the assessee filed a letter dated 11/02/2020 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee‟s declaration made under “Vivad Se Viswas Scheme 2020” is declared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 23/04/2021

(SAKTIJIT DEY) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 23/04/2021 KARUNA, sr.ps

Shri Mallikarjun B Panderagera

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