CITI, CIRCLE-2, KALYAN vs. SHRI KETANKUMAR JAYANTIBHAI PATEL, MUMBAI

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ITA 5498/MUM/2019Status: DisposedITAT Mumbai16 March 2021AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal treated the appeals as dismissed and withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme. However, liberty was granted to restore the appeals if the declaration under the scheme is declared bad in law.

What were the facts?

The appeals before the ITAT were related to penalties imposed under Section 271(1)(c) for Assessment Years 2009-10 and 2010-11. The assessee had filed an application under the Vivad Se Vishwas Scheme, 2020, to settle the tax dispute.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme. The possibility of restoring the appeals if the scheme declaration fails.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘H‘ BENCH

Before: SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM & Shri Ketankumar Jayantibhai

For Appellant: Shri Prashant
For Respondent: Ms. Bharati Singh, Shri Prashant
Hearing: 16/03/2021Pronounced: 16/03/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

These appeals in 5499/Mum/2019 for A.Yrs.2009-10 & 2010-11 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-3, Thane in appeal No.10121-THN/18-19 & 10183-THN/18-19 respectively dated 06/06/2019 (ld. CIT(A) in short) in 5499/Mum/2019 Shri Ketankumar Jayantibhai Patel the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

2.

We find that the ld. AR filed letters dated 24/02/2020 mentioning that assessee had preferred an application filed in form No.1 & 2 under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the years under consideration.

3.

In view of this, we hereby treat these appeals pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeals restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeals of the Revenue are dismissed.

Order pronounced in the open Court on 16/03/2021.

Sd/- Sd/- (VIKAS AWASTHY) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 16/03/2021 KARUNA, sr.ps

5499/Mum/2019 Shri Ketankumar Jayantibhai Patel

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