UMA METAL COMAPNY,MUMBAI vs. ITO 17(3)(5), MUMBAI

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ITA 439/MUM/2020Status: DisposedITAT Mumbai12 March 2021AY 2010-113 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and had applied under it. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed under sections 143(3) r.w.s 147 and 250 of the Income Tax Act. The assessee later filed a withdrawal letter stating their intention to settle the tax litigation under the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee has opted for a tax settlement scheme. The assessee was granted liberty to recall the order if needed.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Respondent: Ms. Smita Verma, DR
Hearing: 12.03.2021Pronounced: 15.03.2021

O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 28, Mumbai, passed u/s. 143(3) r.w.s 147 and 250 of the Income Tax Act, 1961.

2.

At the time hearing, none appeared on behalf of the assessee. The Ld.AR has filed a letter dated 05-03-2021 that the assessee is intend to settle the tax litigation by Uma Metal Company, Mumbai opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the Ld.DR and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed a letter dt 05-03- 2021 mentioning that the assessee has applied under VSVS 2020 and has received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeal pending.Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order as per provisions of Law.

4.

In the result, the appeal filed by the assessee is dismissed.

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