ACIT CENT. CIR. - 18 & 19, MUMBAI vs. M/S. UPS FREIGHT SERVICES INDIA P. LTD., MUMBAI

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ITA 1456/MUM/2006Status: DisposedITAT Mumbai22 February 2021AY 2002-20033 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's declaration under the 'Vivad Se Vishwas Scheme' was accepted and Form-3 was issued. Consequently, the Revenue's appeals were rendered infructuous.

What were the facts?

The Revenue filed four appeals against the orders of the CIT(A) for assessment years 2001-02 to 2004-05. The assessee informed the tribunal that they had opted for settlement under the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the appeals filed by the Revenue should be dismissed as infructuous due to the assessee opting for settlement under the 'Vivad Se Vishwas Scheme'.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “I”, MUMBAI

Before: VIKAS AWASTHY & SHRI RAJESH KUMAR

For Appellant: Ms. Ashika Sultania
For Respondent: Shri S.S.Iyengar
Hearing: 22/02/2021Pronounced: 22/02/2021

आदेश/ ORDER

PER BENCH:

1.

These four appeals by the Revenue are directed against the orders of Commissioner of Income –tax (Appeals), Central VI, Mumbai (in short ‘the CIT(A) ) for the assessment years 2001-02 to 2004-05.

2.

A letter dated 04/02/2021 has been received from the assessee stating that the assessee has opted for settlement of these appeals through ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).

3.

Shri S.S.Iyengar, representing the Department stated that the Department has no objection if the assessee want to settle these appeals to avail the benefit of ‘VSVS’.

4.

A perusal of above letter shows that the assessee’s declaration under VSVS for the impugned assessment years have been accepted and the Designated Authority has issued Form-3. In view of above, the appeals filed by the Revenue have become infructuous and are liable to be dismissed, as such.

5.

Liberty is granted to the Revenue/appellant to revive the appeal(s), if the assessee/respondent for any reason whatsoever fails to honour the commitment necessary for obtaining final Form-5 under VSVS. The appeals by Revenue are dismissed as infructuous with liberty aforesaid.

Order pronounced in the open court on Monday the 22nd day of February, 2021.

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