What did the Tribunal hold?

The tribunal held that since the assessee has opted for and been accepted under the Vivad Se Vishwas Scheme, the Revenue's appeal has become infructuous. The appeal is dismissed with liberty to revive if the assessee fails to honour the commitment.

The Revenue filed an appeal against the CIT(A)'s order for AY 2008-09. The assessee informed the tribunal that they have opted for the 'Vivad Se Vishwas Scheme, 2020' and their declaration has been accepted.

What were the issues?

Whether the Revenue's appeal is rendered infructuous due to the assessee opting for the Vivad Se Vishwas Scheme.

ITO vs Abode Builders & Developers P.Ltd | ITAT Mumbai 2021

Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI

For Appellant: Ms. Suhani Vasavad

Hearing: 15/03/2021Pronounced: 15/03/2021

आयकर अपील�य अ�धकरण मुंबई पीठ “ ए”, मुंबई IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI �ी �वकास अव�थी, �या�यक सद�य एवं �ी एम. बालगणेश,लेखा सद�य के सम� BEFORE VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER आअसं. 1274/मुं/2012 (�न.व. 2008-09) (A.Y.2008-09) ITO-9(1)(1), Room No.226, Aaykar Bhavan, M.K.Road, Mumbai 400 020 ...... अपीलाथ� /Appellant बनाम Vs. M/s. Abode Builders & Developers Pvt. Ltd. 114A, Veena Beena Shopping Centre, Gurunanak Road,Bandra(West), Mumbai 400 051 PAN:AADCA 2191C ..... ��तवाद�/Respondent Assessee by : Ms. Suhani Vasavad Revenue by : Shri Vinod K. Bhaskaran सुनवाई क� �त�थ/ Date of hearing : 15/03/2021 घोषणा क� �त�थ/ Date of pronouncement : 15/03/2021 आदेश/ ORDER PER VIKAS AWASTHY, J.M:

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-19, Mumbai ( in short ‘the CIT(A)’) dated 15/12/2011 for the assessment year 2008-09.

A letter dated 15/03/2021 has been received from the Chartered Accountants of the assessee stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’), and the declaration filed by the assessee has been accepted. A copy of Form-3 is furnished alongwith the aforesaid letter.

2 आअसं. 1274/मुं/2012 (�न.व. 2008-09) (A.Y.2008-09) 3. Shri Vinod K. Bhaskaran representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

Since, the declaration filed by assessee under VSVS has been accepted by the designated Authority, the appeal filed by the Revenue has become infructuous and thus, is liable to be dismissed, as such.

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. The appeal by Revenue is dismissed as infructuous, with liberty aforesaid.

In the result, appeal by Revenue is dismissed as infructuous

Order pronounced in the open court on Monday, the 15th day of March, 2021.

ITO 9(1)(1), MUMBAI vs. ABODE BUILDERS & DEVELOPERS P.LTD, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Recent GST High Court judgments