MR. PANKAJ M. BHANDARI,MUMBAI vs. ITO-17(1)(1), MUMBAI

PDF · subscribers
ITA 4771/MUM/2019Status: DisposedITAT Mumbai16 March 2021AY 2009-104 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal, following the Madras High Court's decision, granted the assessee liberty to restore the appeal if the Vivad Se Viswas scheme declaration was not in their favour. The appeal was dismissed in light of the scheme.

What were the facts?

The assessee opted for the 'Direct Tax Vivad Se Viswas Scheme-2020' and requested withdrawal of the pending appeal before the ITAT. The assessee had filed forms 1 and 2 and was awaiting form 3.

What were the issues?

Whether an appeal pending before the ITAT can be withdrawn or dismissed when the assessee opts for the Direct Tax Vivad Se Viswas Scheme, with liberty to restore.

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

For Appellant: Shri Satish Modi, AR
Hearing: 16.03.2021Pronounced: 16.03.2021

आदेश / O R D E R 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)]-32, Mumbai, [in short CIT(A)], in Appeal No. CIT(A)-32,Mumbai/10391/2014-15 dated 22.05.2019. The assessment was framed by the Income Tax Officer, Ward-17(1)(1), Mumbai (in short ITO/ AO), for the A.Y. 2009-10 vide order dated 28.01.2014 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 learned Counsel for the assessee Shri Satish Modi stated that the assessee has opted for ‘Direct Tax Vivad Se Viswas

3.

After hearing both the sides and perusing the records, it is noticed that the assessee is opting for ‘Direct Tax Vivad Se Viswas Scheme- 2020’. In view of the decision of Hon'ble High Court of Madras in the case of Nannusamy Mohan (HUF) vs. ACIT in I.C.A. No.372 of 2020 dated 16.10.2020, wherein Hon'ble High Court after considering the intent of the assessee to avail the benefit of ‘Direct Tax Vivad Se Viswas Scheme-2020’ has dismissed the appeal by observing in Para 7 to 9 as under: - “7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders.

8.

In the light of the above, we direct the appellant/ assessee to file the Form No. I on or

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →