INCOME TAX OFFICER 27(3) (3), MUMBAI vs. SHREYA SALES, MUMBAI

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ITA 5747/MUM/2019Status: DisposedITAT Mumbai24 March 2021AY 2010-113 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 had applied for settlement under the Vivad Se Vishwas Scheme, there was no necessity to keep the appeal alive. The appeal was dismissed with liberty to the Revenue to seek restoration if the scheme application was not accepted.

What were the facts?

The Revenue filed an appeal against the assessee's assessment year 2010-11. The assessee had applied for settlement of the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020.

What were the issues?

Whether an appeal filed by the Revenue should be dismissed when the assessee has opted for settlement under the Vivad Se Vishwas Tax Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI C.N. PRASAD & SHRI S. RIFAUR RAHMAN

For Respondent: Shri Vijay Kumar Menon

The aforesaid appeal has been filed by the Revenue challenging the order dated 12th June 2019, passed by the learned Commissioner (Appeals)–25, Mumbai, for the assessment year 2010–11.

2.

When the case was called for hearing, neither the assessee nor any of its authorised representative appeared to represent its case. However, while perusing the material before us, we find that the assessee has filed a copy of acknowledgement in Form–1 and 2 of the 2 Shreya Sales declaration filed under Vivad Se Vishwas Tax Scheme, 2020, in view of the fact that the assessee has applied for settlement of tax dispute under the Scheme.

3.

Considered the submissions of the learned Departmental Representative and perused the material on record. As the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we are of the opinion that there is no necessity of keeping this matter alive since the assessee has already applied for settlement of dispute under the Scheme. Consequently, the appeal filed by the Revenue is liable to the dismissed as such. However, liberty is granted to the Revenue to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear that in such eventuality if the Revenue seeks restoration of the present appeal by filing misc. application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. With the aforesaid observations, the appeal is dismissed.

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