INCOME TAX OFFICER 8(3)(3), MUMBAI vs. M/S.TOPCARE CONSTRUCTION PRIVATE LIMITED(AMALAGAMATED WITH /S.VALENTINE MERCANTILE PRIVATE LIMITED), MUMBAI

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ITA 4031/MUM/2018Status: DisposedITAT Mumbai09 March 2021AY 2009-103 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 noted that the assessee had opted for the Vivad Se Vishwas scheme. Since the assessee was pursuing settlement of the dispute, the Tribunal decided to dismiss the Revenue's appeal.

What were the facts?

The Revenue filed an appeal against the assessee's assessment year 2009-10. The assessee subsequently applied for settlement of the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020.

What were the issues?

Whether an appeal filed by the Revenue should be dismissed when the assessee has opted for settlement under the Vivad Se Vishwas scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI C.N. PRASAD & SHRI S. RIFAUR RAHMAN

For Appellant: Shri Sushan
For Respondent: Shri Vijay Kumar Menon, Shri Sushan

The present appeal preferred by the Revenue challenging the order dated 22nd March 2018, passed by the learned Commissioner (Appeals)–14, Mumbai, for the assessment year 2009–10.

2.

During the course of hearing, we find that the assessee has filed a letter dated 23rd December 2020, in the Registry expressing its intention to approach Revenue authorities for seeking settlement of 2 M/s. Topcare Construction Pvt. Ltd.

the tax dispute in view of the fact that the assessee has already applied for settling the tax dispute under the Vivad Se Vishwas Tax Scheme, 2020. The letter submitted by the assessee is accompanied by the acknowledgement in Form–3 of the declaration filed under the aforesaid scheme. The aforesaid letter and the declarations are kept on record.

3.

The learned Departmental Representative has no objection for withdrawal of the appeal by the assessee.

4.

Considered the submissions of both the parties and perused the material on record. Considering the fact that the assessee has sought withdrawal of the present appeal as he has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we are of the opinion that no purpose would be served in keeping the matter alive when the assessee has already approached the Revenue authorities for settling the tax dispute under Vivad Se Vishwas Scheme and thus the Revenue’s appeal is liable to be dismissed. However, liberty is granted to the Revenue to seek restoration of this appeal in the event the application filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department.

3 M/s. Topcare Construction Pvt. Ltd.

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