What did the Tribunal hold?

The Tribunal treated the appeal as dismissed due to the assessee's participation in the Vivad Se Viswas Scheme. Liberty was granted to the Revenue to restore the appeal if the declaration under the scheme is later declared invalid.

The assessee filed an appeal before the ITAT. The assessee subsequently filed a letter stating they had opted for the Vivad Se Viswas Scheme to settle the tax dispute for the assessment year under consideration.

What were the issues?

The primary issue was the impact of the Vivad Se Viswas Scheme on the pending appeal before the Income Tax Appellate Tribunal.

Asstt CIT 24 (2) vs Mars Enterprises | ITAT Mumbai 2021

Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI SAKTIJIT DEY & SHRI M.BALAGANESH

For Respondent: Shri Bharat Andhale

Hearing: 23/04/2021Pronounced: 23/04/2021

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)-36, Mumbai in appeal dated 07/11/2019 (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 30/12/2016 by the ld. Joint Commissioner of Income Tax, Range-24(2), Mumbai (hereinafter referred to as ld. AO).

We find that the assessee filed a letter dated 12/04/2021 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 with a liberty given to the Revenue 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 Revenue is dismissed.

Order pronounced in open Court on 23/04/2021.

ASSTT CIT 24 (2), MUMBAI vs. MARS ENTERPRISES, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

Recent GST High Court judgments