ITO-28(2)(4), MUMBAI vs. SHRI PRABHAKAR DATTATRAY KANDEKAR, MUMBAI

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ITA 5424/MUM/2019Status: DisposedITAT Mumbai15 March 2021AY 2011-122 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 the appeal had become infructuous due to the assessee's settlement under the Vivad Se Vishwas Scheme. The appeal was dismissed with liberty to the revenue to seek restoration if the declaration was not accepted.

What were the facts?

The assessee had opted for settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020 and received Form No.5. The Revenue's representative could not controvert this fact.

What were the issues?

Whether the appeal is infructuous due to settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Respondent: Ms. Smita Verma – Ld. Sr. DR

Per Manoj Kumar Aggarwal (Accountant Member)

1.

At the time of hearing of this appeal, the registry placed on record assessee’s letter dated 12/03/2021 wherein it has been stated that the assessee has already opted for settlement of dispute for the year under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and received Form No.5 from appropriate authority. The Ld. DR could not controvert the fact that the appeal has become infructuous.

2.

In view of foregoing, the appeal stand dismissed as infructuous, however, with a liberty to revenue to seek restoration of this appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

3.

The appeal stands dismissed as infructuous. Order pronounced in the open court on 15th March, 2021.

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