CABLE CORPORATION OF INDIA LIMITED,MUMBAI vs. DCIT-2(1)(1), MUMBAI

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ITA 507/MUM/2019Status: DisposedITAT Mumbai24 February 2021AY 2008-092 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The Tribunal dismissed the appeal as withdrawn, noting that the penalty appeal would not survive if the quantum appeal was settled under the Vivad se Vishwas scheme. Liberty was granted to restore the appeal if the settlement was not finalized.

What were the facts?

The assessee filed an appeal against a penalty order. The assessee later filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the related quantum appeal. A certificate was issued under the scheme, leading to the withdrawal of the penalty appeal.

What were the issues?

Whether the penalty appeal survives when the underlying quantum appeal is settled under the Vivad se Vishwas scheme.

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, MUMBAI BENCH “C” MUMBAI

For Appellant: Shri Nishit Khatri, A.R
For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 24/02/2021Pronounced: 24/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-4, Mumbai, which in turn arises from the penalty order passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961, dated 27.05.2016 for assessment year 2008-09.

2.

The chartered accountant of the assessee has filed a letter on 17th February, 2021, wherein it is stated that the assessee as regards its quantum appeal pending before the Tribunal, i.e appeal No. 4980/Mum/2018 emanating from the order passed by the A.O under Sec.143(3) r.w. Sec. 147 of the Act had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the said matter and has received the certificate under sub-section (1) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of its aforesaid claim the assessee had enclosed alongwith its letter ‘Form 3’ issued by the designated authority. It is stated by the assessee that as the assessee’s application w.r.t the pending quantum appeal has been accepted under the Vivad se Vishwas scheme thus, the corresponding appeal against the penalty imposed by the A.O u/s 271(1)(c) of the Act, viz. would not survive and accordingly be permitted to be withdrawn.

2 Cable Corporation of India Limited Vs. The DCIT-2(1)(1)

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