ITO 22 (1)(5), MUMBAI vs. SHRI. HIMMATLAL GIRDHARLAL THAKKAR, MUMBAI

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ITA 5708/MUM/2019Status: DisposedITAT Mumbai31 March 2021AY 2011-122 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 opted for the 'Vivad Se Vishwas Scheme', the Revenue's appeals have become infructuous. The appeals were dismissed as such.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order for assessment years 2010-11 and 2011-12. The assessee opted for settlement under the 'Vivad Se Vishwas Scheme, 2020' and filed a declaration which was accepted.

What were the issues?

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

AI-generated summary — verify with the full judgment below

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

Hearing: 31/03/2021Pronounced: 31/03/2021

ORDER These appeals by the Revenue are directed against the order of Commissioner of Income Tax (Appeals)-34, Mumbai ( in short ‘the CIT(A)’) dated 09/05/2019 common for the assessment years 2010-11 and 2011-12.

2.

The assessee has filed letter dated 21/01/2021 stating that the assessee has opted for settlement of these appeals under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has filed declaration before the concerned authority and the same has been accepted, Form -3 received.

3.

Shri Sushil Kumar Mishra, representing the Department stated that the Department has no objection if the assessee want to settle these appeals to avail the benefit of ‘VSVS’.

4.

Since, the assessee has opted for availing the benefit of VSVS, the appeals filed by the Revenue have become infructuous and are thus, liable to be dismissed, as such.

5.

Liberty is granted to the Revenue/appellant to revive the appeals , if the assessee/respondent for any reason whatsoever fails to comply the conditions specified in Form-3. The appeals by Revenue are dismissed as infructuous, with liberty aforesaid. Order pronounced in the open court on Wednesday, the 31st day of March, 2021.

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