ITO 20 (3)(3), MUMBAI vs. M/S SHAH INDUSTRIAL ENTERPRISES, MUMBAI

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ITA 5724/MUM/2019Status: DisposedITAT Mumbai05 April 2021AY 2010-113 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that since the assessee opted for the 'Viwad Se Vishwas Scheme' and the declaration was accepted, the Revenue's appeals have become infructuous. The assessee's cross objections were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals against the CIT(A) orders for AY 2010-11 and 2011-12. The assessee also filed cross objections. The assessee opted for the 'Viwad Se Vishwas Scheme' and their declaration was accepted.

What were the issues?

Whether the Revenue's appeals are to be dismissed as infructuous due to the assessee opting for the 'Viwad Se Vishwas Scheme'.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 05/04/2021Pronounced: 05/04/2021

PER VIKAS AWASTHY, J.M: These two appeal by the Revenue are directed against the orders of Commissioner of Income Tax (Appeals)-32, Mumbai (in short ‘the CIT(A)’) for the assessment years 2010-11 and 2011-12, respectively. Both the impugned orders are of even date i.e. 26/06/2019. The assessee has also filed Cross Objections in the appeals filed by the Department for the respective assessment years.

2.

A letter dated 15/03/2021 has been received from the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’), and the declaration filed by the assessee for both the impugned assessment years has been accepted. The assessee has furnished a copy of Form-3 and copy of challan to show that tax as per Form 3 has been paid for AY 2010-11 & 2011-12. The assessee has prayed for withdrawing the cross objections for both the impugned assessment years.

3.

Ms. Smita Verma representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

4.

Since, the declaration filed by assessee under VSVS has been accepted by the Designated Authority, the appeals filed by the Revenue have become

1.

(A.Y.2010-11) (A.Y.2011-12) infructuous and thus, are liable to be dismissed, as such. The cross objections by the assessee are dismissed as withdrawn.

5.

In the result, appeals by the Revenue for AY 2010-11 & 2011-12 are dismissed as infructuous and the cross objections are dismissed as withdrawn.

Order pronounced in the open court on Monday, the 05th day of April, 2021.

Sd./-

(VIKAS AWASTHY) �या�यक सद�य/JUDICIAL MEMBER मुंबई/Mumbai, �दनांक/Dated: 05/04/2021 Vm, Sr. PS (O/S)

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