ASSISTANT COMMISSIONER OF INCOME TAX-27(1), MUMBAI vs. SHRI DILIP NATVARLAL THAKKAR HUF, MUMBIA

PDF · subscribers
ITA 5444/MUM/2019Status: DisposedITAT Mumbai15 March 2021AY 2010-112 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 opting for the Vivad Se Vishwas Scheme. The appeal was dismissed as infructuous.

What were the facts?

The assessee had opted for settlement of dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. The Revenue's representative could not controvert this fact during the hearing.

What were the issues?

Whether the appeal is rendered infructuous due to the assessee opting for 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 13/03/2021 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 filed requisite forms before 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.

Recent GST High Court judgments

Search GST case law →