SHRI ASHOK K. SHAH,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX-27(1), MUMBAI

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ITA 5438/MUM/2019Status: DisposedITAT Mumbai18 February 2021AY 2010-112 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The Tribunal noted the assessee's settlement under the Vivad se Vishwas scheme and allowed the appeal to be withdrawn. The assessee retains liberty to seek restoration if the settlement fails.

What were the facts?

The assessee filed an appeal against an assessment order related to penalty under Section 271(1)(c). The assessee later filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

The primary issue was the withdrawal of the appeal due to the assessee opting for settlement under the Vivad se Vishwas Act.

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 “A” MUMBAI

Before: SHRI MANOJ KUMAR AGGARWAL & SHRI RAVISH SOODShri Ashok K. Shah

For Respondent: Shri Brajendra Kumar, D.R
Hearing: 18/02/2021Pronounced: 18/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-25, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961, dated 29.03.2018 for assessment year 2010-11.

2.

The assessee has filed a letter on 17th February, 2021, wherein it is stated that he has filed an application vide Form No. 1 on 21.12.2020 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’ from the designated authority. In support of his aforesaid claim the assessee has enclosed alongwith his letter ‘Form 1’ and ‘Form 3’ issued by the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.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.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

2 Shri Ashok K. Shah Vs. ACIT-27(1)

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