BHOLORAM MALVIYA,MUMBAI vs. INCOME TAX OFFICER W-16(1) (1), MUMBAI
What did the Tribunal hold?
The Tribunal noted that the assessee had received a certificate under the Vivad se Vishwas scheme. Consequently, the appeal was dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against a penalty order under Section 271(1)(c) of the Income Tax Act. The assessee later filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.
What were the issues?
Whether the appeal should be withdrawn due to settlement under the Vivad se Vishwas Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI
ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 4, Mumbai, dated 26.08.2019, which in turn arises from the penalty order passed by the A.O u/s 271(1)(c) of the Income Tax Act, 1961 (for short ‘Act’), dated 30.03.2017 for assessment year 2012-13.
The assessee’s counsel vide a letter e-filed on 23rd March, 2021 had stated that the assessee had filed an application in Form No. 1 & 2 under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. It is further stated that the assessee had received a certificate in ‘Form No. 3’ from the designated authority under sub-section (1) of Sec.5 of the Direct Tax Vivad se Vishwas Act, 2020. Accordingly, it is requested that the assessee may be permitted to withdraw the captioned appeal.
The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.
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