ARYU PROPERTIES AND HOTELS PVT LTD,MUMBAI vs. DCIT CC 4(2), MUMBAI

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ITA 4298/MUM/2019Status: DisposedITAT Mumbai25 March 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal held that there was no purpose in keeping the appeal pending since the assessee had opted for the Vivad se Vishwas Scheme. The appeal was dismissed as withdrawn.

What were the facts?

The assessee opted for the 'Vivad se Vishwas Scheme 2020' to settle tax litigation. The assessee filed an application under the scheme and received Form-3 from the Income Tax Department.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for a settlement scheme like Vivad se Vishwas.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

For Appellant: Ms. Neha Paranjpe, AR
For Respondent: Smt. Usha Gaikwad, Sr. DR
Hearing: 24.03.2021Pronounced: 25.03.2021

O R D E R

PER PAVAN KUMAR GADALE.JM:

1.

The appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) - 05 Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld.AR has submited that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an Shri Vipul Hansraj Chheda, Thane. application in Form No. 1 & 2 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 assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and the Ld.AR has mentioned that the assessee 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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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