RAJESH BUILDERS,MUMBAI vs. DCIT 22(2), MUMBAI

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ITA 1115/MUM/2017Status: DisposedITAT Mumbai24 February 2021AY 2008-094 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The Tribunal treated the appeals as dismissed and withdrawn in light of the settlement under the Vivad Se Viswas Scheme. The assessee was granted liberty to restore the appeals if the declaration under the scheme is declared bad in law.

What were the facts?

The assessee filed an application under the Vivad Se Viswas Scheme 2020 to settle tax disputes for the assessment years under consideration. The assessee obtained Form No. 3 from the designated authority.

What were the issues?

The primary issue was the settlement of tax disputes through the Vivad Se Viswas Scheme, leading to the dismissal of pending appeals.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM

For Appellant: Ms. Malathi Pillai
For Respondent: Shri Bharat Andhle
Hearing: 24/02/2021Pronounced: 24/02/2021

Assessee by Ms. Malathi Pillai Revenue by Shri Bharat Andhle Date of Hearing 24/02/2021 Date of Pronouncement 24/02/2021 आदेश / O R D E R PER BENCH:

(A.Y.2008-09) This appeal in for A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-25,

1118/Mum/2017 M/s. Rajesh Builders Mumbai in appeal No.CIT(A)-25/IT/112/13-14 dated 11/11/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 01/03/2013 by the ld. DCIT-22(2), Mumbai (hereinafter referred to as ld. AO).

ITA No.1116/Mum/2017 (A.Y.2006-07) This appeal in for A.Y.2006-07 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-25, Mumbai in appeal No.CIT(A)-25/IT/495/13-14 dated 11/11/2016 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

ITA No.1117/Mum/2017 (A.Y.2005-06) This appeal in for A.Y.2005-06 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-25, Mumbai in appeal No.CIT(A)-25/IT/110/13-14 dated 11/11/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 01/03/2013 by the ld. DCIT-22(2), Mumbai (hereinafter referred to as ld. AO). ITA No.1118/Mum/2017 (A.Y.2007-08)

This appeal in for A.Y.2007-08 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-25, Mumbai in appeal No.CIT(A)-25/IT/29/12-13 dated 11/11/2016 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

1118/Mum/2017 M/s. Rajesh Builders

2.

We find that the ld. AR filed a letter dated 16/02/2021 mentioning that assessee had preferred an application filed in form No.1 & 2 under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the years under consideration and had obtained Form No.3 from the designated authority thereon, copies of which were enclosed alongwith this letter.

3.

In view of this, we hereby treat these appeals pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeals restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeals of the assessee are dismissed.

Order pronounced in the open Court on 24/02/2021.

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