ITO 28(1)(1), NAVI MUMBAI vs. AKSHAR ANSHUL CONSTRUCTION LLP, NAVI MUMBAI

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ITA 5665/MUM/2016Status: DisposedITAT Mumbai03 March 2021AY 2013-142 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 settlement under the Vivad Se Vishwas Scheme. The revenue accepted this fact, leading to the dismissal of the appeal.

What were the facts?

The revenue filed an appeal against the assessee's assessment order for AY 2012-13. The assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal filed by the revenue has become infructuous due to the assessee opting for settlement under 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, “A” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Ritika Agarwal-Ld. AR
For Respondent: Shri Brajendra Kumar- Ld. DR

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by revenue for Assessment Year (AY) 2012- 13 contest the order of learned first appellate authority passed on 20/07/2016 on certain grounds of appeal

. The assessment was framed by Ld. Assessing Officer u/s 143(3) on 30/09/2014.

2. The Ld. Counsel for assessee, at the outset, submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and Akshar Anshul Construction LLP Assessment Year: 2012-13 received Form No.5 from appropriate authority. The Ld. DR fairly accepted the same.

3. 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.

4. The appeal stands dismissed as infructuous.

Order pronounced on 03rd March, 2021 Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) उपा�� / Vice President लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 03/03/2021 Sr.PS, Jaisy Varghese आदेशकी�ितिलिपअ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6.

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