PARESH ISHWARLAL PARIKH,MUMBAI vs. ACIT CIRCLE-3, KALYAN

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ITA 4443/MUM/2018Status: DisposedITAT Mumbai01 March 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The Tribunal dismissed the appeal as withdrawn, subject to the assessee's liberty to seek restoration if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed an appeal against the assessment order for AY 2014-15. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. The assessee stated that the appeal would be withdrawn upon receipt of the certificate under the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas settlement scheme.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI

For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 25/02/2021Pronounced: 01/03/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-3, Thane, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 27.12.2016 for assessment year 2014-15.

2.

The assessee has filed a letter on 01/02.12.2020, wherein it is stated that he has filed an application in Form No. 1 & 2 under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and is awaiting the certificate under sub-section (1) of Sec.5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. It is stated by the assessee that on receipt of Form No. 3 the captioned appeal would be withdrawn.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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 its appeal.

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