INCOME TAX OFFICER 32(2) (5), MUMBAI vs. SHRI PARESH A GANDHI, MUMBAI

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ITA 5827/MUM/2019Status: DisposedITAT Mumbai05 April 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee has opted for the Vivad se Vishwas Scheme, the appeals filed by the Revenue have become infructuous. The appeals are dismissed as infructuous.

What were the facts?

The Revenue filed two appeals against the orders of the CIT(A) for AY 2011-12 and 2009-10. The assessee opted for the 'Vivad se Vishwas Scheme, 2020' and filed declarations for both assessment years.

What were the issues?

Whether the appeals filed by the Revenue are infructuous due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Vivad se Vishwas Scheme, 2020

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:

1.

These two appeals by the Revenue are directed against the orders of Commissioner of Income Tax (Appeals)-46, Mumbai (in short ‘the CIT(A)’) for AY 2011-12 and 2009-10, respectively. Both the impugned orders are of even date i.e. 03/6/2019.

2.

A letter has been furnished by the Chartered Accountants of the assessee on 01/4/2021 stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and the declaration under the said scheme has been filed for both the impugned assessment years. Form 3 is awaited.

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.

A perusal of the above letter filed on behalf of the assessee/respondent shows that declaration filed by assessee under VSVS is pending for acceptance for both the impugned assessment years as Form 3 has not been issued by the Designated Authority, so far. Since, the assessee has opted for VSVS, appeals filed by the Revenue have become infructuous and thus, are liable to be dismissed, as such.

5.

Liberty is granted to the Revenue/appellant to revive the appeal(s), if the declaration filed by the assessee/respondent is rejected for any reason whatsoever or the assessee fails to honour the commitment specified in Form -3, if issued. The appeals by Revenue are dismissed as infructuous, with liberty aforesaid.

6.

In the result, appeals by the Revenue are dismissed as infructuous. 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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