SYNGENTA CROP PROTECTION P.LTD,PUNE vs. ACIT 1(3)(1), MUMBAI

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ITA 6214/MUM/2017Status: DisposedITAT Mumbai24 March 2021AY 2012-133 pages
AI SummaryWithdrawn

What did the Tribunal hold?

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 The appeal was dismissed as withdrawn.

What were the facts?

The assessee intended to settle tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'. An application was filed under the scheme, and the Assessing Officer had no objections.

What were the issues?

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

Which sections of the Income-tax Act were involved?

Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

For Appellant: Shri Nemin Shah, AR
For Respondent: Shri Dinesh Paruchu, Sr. DR
Hearing: 22.03.2021Pronounced: 24.03.2021

O R D E R PER PAVAN KUMAR GADALE: This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) - 03 Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld.AR has filed a letter dated 08-03-2021 explaining that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Syngeta Crop Protection Pvt Ltd.,Mumbai 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 filed a letter dt 08-03-2021 mentioning 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.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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