M/S. ECO RECYCLING LIMITED,MUMBAI vs. INCOME TAX OFFICER 9(2)(4), MUMBAI

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ITA 5280/MUM/2019Status: DisposedITAT Mumbai09 March 2021AY 2014-153 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted the assessee's submission regarding the Vivad Se Vishwas Scheme. Based on this, the Tribunal decided to dismiss the appeal as withdrawn.

What were the facts?

The assessee filed an appeal for AY 2014-15 against an order of the CIT(A). The assessee subsequently submitted a letter stating they had received certification under the Vivad Se Vishwas Scheme, 2020 and paid the tax as per the certificate.

What were the issues?

The primary issue was whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN

For Respondent: Ms. Smita Verma, DR
Hearing: 09/03/2021Pronounced: 09/03/2021

ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant assessment year is 2014-15. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-16, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) of the Income Tax Act 1961, (the ‘Act’).

2.

The assessee/appellant has filed a letter dated 15/02/2021 before the Tribunal stating that they have received certification in Form-3 under the Vivad Se Vishwas Scheme, 2020 and paid the tax as per the certificate. 2 Eco Recycling Limited We brought to the attention of the Ld. Departmental Representative the above submission of the appellant.

3.

The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the letter dated 05/03/2021 filed by the appellant, we are inclined to dismiss this appeal as withdrawn.

In the result, this appeal is dismissed as withdrawn. 4.

Order pronounced in the open Court on 09/03/2021

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