POLYDRILL ENGINEERS PVT. LTD.,MUMBAI vs. DCIT CIR 10(3)(2), MUMBAI

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ITA 3370/MUM/2019Status: DisposedITAT Mumbai17 March 2021AY 2010-113 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the Vivad Se Viswas Scheme and filed the necessary form. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT for Assessment Year 2010-11. Subsequently, the assessee opted for the 'Direct Tax Vivad Se Viswas Scheme-2020'.

What were the issues?

The primary issue was the pendency of the appeal before the ITAT when the assessee chose to settle the dispute under the Vivad Se Viswas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Hearing: 17.03.2021Pronounced: 17.03.2021

भहावीय स िंह, उऩाध्मक्ष के द्वाया / PER MAHAVIR SINGH, VP:

This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-17, Mumbai, [in short CIT(A)], in ITA No. CIT(A)-17/IT-174/10170/16-17 dated 18.03.2019. The assessment was framed by the Dy. Commissioner of Income Tax, Circle- 10(3)(2), Mumbai (in short DCIT/ AO), for the A.Y. 2010-11 vide order Polydrill Engineers Pvt. Ltd.; AY 10-11 dated 30.03.2016 under section 143(3) read with section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

At the outset, the assessee has filed an application dated 25.02.2021 and opted for ‘Direct Tax Vivad Se Viswas Scheme-2020’.

The appeal before ITAT was filed on 20.05.2019 and the appeal is pending for disposal.

3.

After hearing learned Sr. DR and perusing the records, it is noticed that the assessee is opting for ‘Vivad Se Viswas Scheme-2020’. In view of the facts that the assessee has filed form No.5 under direct tax ‘Direct Tax Vivad Se Viswas Scheme-2020’, we dismiss this appeal of assessee with the liberty to get the appeal recalled, in the eventuality the assessee declaration is not accepted by the Revenue.

4.

In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 17.03.2021. (ए रयफ़ौय यहभान / S RIFAUR RAHMAN) (भहावीय स िंह /MAHAVIR SINGH) (रेखा दस्म / ACCOUNTANT MEMBER) (उऩाध्मक्ष / VICE PRESIDENT) भुिंफई, ददनािंक/ Mumbai, Dated: 17.03.2021 ुदीऩ यकाय, व. ननजी चिव/ Sudip Sarkar, Sr.PS Polydrill Engineers Pvt. Ltd.; AY 10-11 आदेश की प्रतिलऱपप अग्रेपिि/Copy of the Order forwarded to : 1. अऩीराथी / The Appellant 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A) 4. आमकय आमुक्त / CIT 5. ववबागीम प्रनतननचध, आमकय अऩीरीम अचधकयण, भुिंफई / DR, ITAT, Mumbai 6. गार्ा पाईर / Guard file. आदेशान सार/ BY ORDER, त्मावऩत प्रनत //// उप/सहायक पुंजीकार (Asstt.

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