M/S MEKAUL CONSTRUCTION TECHNOLOGIES PVT. LTD,MUMBAI vs. DCIT - 5(2)(2), MUMBAI

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ITA 3382/MUM/2019Status: DisposedITAT Mumbai20 April 2021AY 2011-123 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The Tribunal dismissed the appeal as withdrawn, granting liberty to the assessee to seek restoration if the scheme declaration is not accepted.

What were the facts?

The assessee opted for settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. The assessee submitted Form No. 3 from the appropriate authority, and the revenue did not object.

What were the issues?

The primary issue was the assessee's eligibility and opting for the Vivad Se Vishwas Scheme, leading to the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

For Appellant: Ms. Vinitas Shah, AR
Hearing: 20.04.2021Pronounced: 20.04.2021

भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP:

This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-10, Mumbai, [in short CIT(A)], dated 08.03.2019. The assessment was framed by the Dy. Commissioner of Income Tax (in short DCIT/ITO/ AO), Circle-5(2)(2), Mumbai for the M/s Mekaul Construction Technologies Pvt. Ltd.; AY 11-12 A.Y. 2011-12 vide order dated 26.12.2017 under section 143(3) read with section 147 of the Income-tax Act, 1961 (hereinafter ‘the Act’).

2.

The registry placed on record assessee’s letters dated Nil wherein it has been submitted that the assessee has opted for settlement of dispute for all the years under Direct Tax Vivad Se Vishwas Scheme (VSVS Scheme), 2020 and already received Form No.3 from appropriate authority. The Ld. DR did not raise any objection against the same.

3.

In view of foregoing, the appeal stand dismissed as withdrawn with a liberty to assessee to seek restoration of the appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

4.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 20.04.2021 (भनोज कुभाय अग्रवार / MANOJ KUMAR AGGARWAL) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 20.04.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS M/s Mekaul Construction Technologies Pvt. Ltd.; AY 11-12 आदेश की प्रतिलऱपप अग्रेपिि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER, त्मावऩत प्रनत //// उप/सहायक पुंजीकार (Asstt.

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