DARSHANA S. THAKKAR,MUMBAI vs. ITO 24 (1)(1), MUMBAI

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ITA 394/MUM/2019Status: DisposedITAT Mumbai17 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The Tribunal treated the appeals as dismissed and withdrawn. Liberty was granted to the assessee to have the appeals restored if the Vivad Se Viswas declaration is later declared bad in law.

What were the facts?

The assessee filed an application under the Vivad Se Viswas Scheme 2020 to settle tax disputes for the Assessment Year 2009-10. The assessee obtained Form-3 from the designated authority under the scheme.

What were the issues?

The primary issue was the pendency of appeals before the ITAT in light of the assessee opting for the Vivad Se Viswas Scheme for dispute resolution.

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, VIRTUAL COURT

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

For Respondent: Dr. Bharat Andhle
Hearing: 17/02/2021Pronounced: 17/02/2021

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

1.

These appeals in & ITA No.385/Mum/2010 for A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-41, Mumbai in appeal No.CIT(A)-41/IT/33/2014-15 & CIT(A)-41/IT/34/2014-15 dated 29/05/2018 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as Act).

2.

We find that the ld. AR filed a letter dated 04/09/2020 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle these tax disputes for the years under consideration and had obtained Form-3 from the designated authority thereon, copy of which were enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeals pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeals restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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, appeals of the assessee are dismissed

Order pronounced in open Court on 17/02/2021.

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