LAKSHON ELECTRONICS PVT. LTD.,MUMBAI vs. DCIT, CC - 5(1), MUMBAI

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ITA 1224/MUM/2019Status: DisposedITAT Mumbai16 April 2021AY 2014-153 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and had applied under it. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

What were the facts?

The assessee's appeal was pending before the ITAT. The assessee expressed an intention to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'. The Revenue had no objection to this.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for the Vivad se Vishwas Scheme for settlement of tax litigation.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Appellant: Ms Vinita Shah
For Respondent: Mr Azhar Zain DR
Hearing: 08.04.2021Pronounced: 16.04.2021

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) - 53, Mumbai, passed u/s. 143(3) r.w.s 147 and 250 of the Income Tax Act, 1961. M/s Lakshon Electronics Pvt Limited Mumbai 2

2.

At the time hearing, the Ld.AR of the assesse has filed a letter mentioning that the assesse intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the rival submissions and perused the material on record. Since the assesse has opted for ‘Vivaad se Vishwas Scheme 2020’ and the Ld.AR has filed a letter mentioning that the assesse has applied under VSVS 2020 and has 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 Accordingly, we dismiss the appeal of the assesse as withdrawn and the assesse is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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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