INCOME TAX OFFICER, 20(3)(2), MUMBAI vs. SHRI SAMEER MAHESH SACHDE, MUMBAI

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ITA 5648/MUM/2019Status: DisposedITAT Mumbai30 March 2021AY 2009-102 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 VSVS, the Revenue's appeal became infructuous. The appeal was dismissed with liberty to revive if the settlement fails.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee opted for settlement under the 'Vivad Se Vishwas Scheme' (VSVS) and filed a declaration, which was pending acceptance.

What were the issues?

Whether the Revenue's appeal is 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

Before: VIKAS AWASTHYShri Sameer Mahesh Sachde,

Hearing: 30/03/2021Pronounced: 30/03/2021

Assessee by : Letter dated 01 /03/2021 Revenue by : Shri Sushil Kumar Mishra सुनवाई क� �त�थ/ Date of hearing : 30/03/2021 घोषणा क� �त�थ/ Date of pronouncement : 30/03/2021 आदेश/ ORDER

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-32, Mumbai ( in short ‘the CIT(A)’) dated 06/06/2019 for the assessment years 2009-10.

2.

The assessee has filed a letter dated 01/03/2021 stating that the assessee has opted for settlement of the appeal under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has filed declaration before the concerned authority. However, the declaration filed is still pending for acceptance.

2 आअसं. 5648/मुं/2019 (�न.व. 2009-10) (A.Y.2009-10)

3.

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

4.

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

5.

Liberty is granted to the Revenue/appellant to revive the appeal , if the assessee/respondent for any reason whatsoever fails to honour the commitment specified in Form-3 or the declaration field under VSVS is not accepted by the concerned authority. The appeal by Revenue is dismissed as infructuous, with liberty aforesaid.

Order pronounced in the open court on Tuesday, the 30th day of March, 2021.

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