DILIP CHOTILAL MORZARIA,MUMBAI vs. CIT-(APPEALS) 51, MUMBAI

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ITA 2/MUM/2019Status: DisposedITAT Mumbai23 February 2021AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, noting that the matter was settled under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. A certificate under the scheme was received.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

For Respondent: Shri Bharat Andhle, D.R
Hearing: 23/02/2021Pronounced: 23/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-51, Mumbai, dated 16.10.2018 which in turn arises from the assessment order passed by the A.O under Sec. 143(3) r.w.s. 153A of the Income-tax Act, 1961, dated 18.12.2017 for assessment year 2014-15.

2.

The chartered accountant of the assessee has filed a letter on 18/23.02.2021, wherein it is stated that the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and has received the certificate in Form-3 under sub-section (1) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of his aforesaid claim the copies of Form 1, Form 2 and Form 3 had been enclosed with the aforesaid letter. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

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