ACIT 2(2)(2), MUMBAI vs. M/S MAHINDRA & MAHINDRA LTD., MUMBAI

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ITA 3989/MUM/2019Status: DisposedITAT Mumbai01 March 2021AY 2000-012 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee's quantum appeals were resolved under the Vivad se Vishwas scheme, rendering the penalty appeals infructuous. The Revenue's appeals were dismissed as withdrawn.

What were the facts?

The Revenue filed appeals against penalty orders under Section 271(1)(c) for AY 2000-01 and 2001-02. The assessee had filed an application under the Vivad se Vishwas Act for its quantum appeals for the same assessment years.

What were the issues?

Whether penalty appeals become infructuous when the underlying quantum appeals are settled under a tax dispute resolution scheme.

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 “D” MUMBAI

Before: SHRI RAVISH SOOD & SHRI N.K. PRADHAN

For Respondent: Shri Bharat Andhale, D.R
Hearing: 26/02/2021Pronounced: 01/03/2021

ORDER PER RAVISH SOOD, J.M: The captioned appeals filed by the revenue are directed against the respective orders passed by the CIT(A)-5, Mumbai, both dated 08.03.2019, which in turn arises from the respective penalty orders passed by the A.O under Sec.271(1)(c) of the Income-tax Act, 1961, dated 28.02.2018 for A.Y. 2000-01 and A.Y. 2001-02.

2.

The assessee has filed a letter dated 09th February, 2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 with respect to its quantum appeals for A.Y. 2000-01 and A.Y. 2001-02 which are pending before the Hon‟ble High Court of Bombay. It is stated by the assessee that “Form 3” as regards both of its quantum appeals had been issued to the assessee by the designated authority (copies placed on record). Accordingly, it is stated by the assessee that now when its quantum appeals have been resolved under the „Vivad se Vishwas scheme‟ thus, the revenue‟s appeals for the aforesaid years pertaining to the penalty orders passed u/s 271(1)(c) for the said respective years would be rendered as infructuous. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeals filed by the revenue may be directed to be withdrawn.

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