DEPUTY COMMISSIONER OF INCOME TAX 14(1)(2), MUMBAI vs. CREST LOGISTICS & ENGINEERS PRIVATE LIMITED, MUMBAI

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ITA 4797/MUM/2018Status: DisposedITAT Mumbai01 March 2021AY 2014-152 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The Tribunal dismissed the Revenue's appeal as withdrawn, noting that the assessee had opted for settlement under the Vivad se Vishwas scheme. The dismissal was subject to the condition that the appeal could be restored if the settlement failed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee informed the Tribunal that it had filed an application under the Vivad se Vishwas Act, 2020, to settle the dispute.

What were the issues?

Whether the appeal filed by the Revenue should be withdrawn due to the assessee's settlement under the Vivad se Vishwas Act.

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 Appellant: Shri Amit Khatiwala, A.R
For Respondent: Shri V. Sreekar, D.R
Hearing: 01/03/2021Pronounced: 01/03/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the revenue is directed against the order passed by the CIT(A)- 22, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec.143(3) of the Income-tax Act, 1961, dated 26.08.2016 for assessment year 2014-15.

2.

The assessee has filed a letter on 22nd February, 2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and had received ‘Form 5’ from the designated authority. (copy enclosed). It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal filed by the revenue may be directed to be withdrawn.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In view of the above, we dismiss the revenue’s appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the appellant revenue shall have liberty to approach the Tribunal for restoration of its appeal.

2 The DCIT -14(1)(2) Vs. M/s Crest Logistics and Engineers Pvt. Ltd.

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