MAHENDRA KUMAR D MEHTA,MUMBAI vs. ITO 19(2)(2), MUMBAI

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ITA 4335/MUM/2019Status: DisposedITAT Mumbai18 February 2021AY 2009-103 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The Tribunal treated the appeal as dismissed and withdrawn, granting liberty to the assessee to have it restored if the Vivad Se Viswas declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Viswas Scheme, 2020, to settle the tax dispute. The assessee submitted Form No. 3 from the designated authority.

What were the issues?

The primary issue was the settlement of the tax dispute under the Vivad Se Viswas Scheme, leading to the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM Shri

For Appellant: Shri Harish Sharma
For Respondent: Shri Sanjay Sethi
Hearing: 18/02/2021Pronounced: 18/02/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-5, Mumbai in appeal No.CIT(A)-5/ITO-19(2)(3)/IT-150/17-18 dated 27/05/2019 (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 24/03/2015 by the ld. I.T.O. 19(2)(3), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letter dated 11/02/2021 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 year under consideration and had obtained Form No.3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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, appeal of the assessee is dismissed. Order pronounced in Open Court on 18/02/2021.

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