ITO-21(2)(3), MUMBAI vs. SHRI MULJI BHANJI CHHEDA, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the assessee applied for settlement under the Vivad Se Vishwas Scheme, there was no necessity to keep the appeal alive. The appeal was dismissed.
What were the facts?
The Revenue filed an appeal against the deletion of penalty under section 271(1)(c) by the CIT(A). The assessee had filed an acknowledgement under the Vivad Se Vishwas Tax Scheme, 2020.
What were the issues?
Whether the appeal filed by the Revenue should be kept alive when the assessee has opted for settlement under the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI S. RIFAUR RAHMAN
The present appeal preferred by the Revenue challenging the order dated 1st April 2019, passed by the learned Commissioner (Appeals)–33, Mumbai, deleting penalty under section 271(1)(c) of the Income Tax Act, 1961 (for short "the Act") imposed by the Assessing Officer pertaining to the assessment year 2010–11.
During the course of hearing, while perusing the material before us, we find that the assessee has filed the acknowledgement in Form–I
2 Shri Mulji Bhanji Chheda and II of the declaration filed under Vivad Se Vishwas Tax Scheme, 2020.
Heard the learned Counsel appearing for both the parties and perused material on record. Considering the fact that the assessee has applied for settling the dispute under Vivad Se Vishwas Scheme, 2020, we are of the opinion that there is no necessity of keeping this matter alive. Consequently, the appeal filed by the Revenue is dismissed. However, liberty is granted to the Revenue to seek restoration of this appeal in the event the application filed by the assessee under Vivad Se Vishwas Tax Scheme is not accepted by them. With the aforesaid observations, the appeal is dismissed.
In the result, Revenue’s appeal is dismissed. Order pronounced in the open court on 24.02.2021
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026