INCOME TAX OFFICE-17(3)(3), MUMBAI vs. M/S. SHANTINATH INDUSTRIAL SUPPLIERS, MUMBAI

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ITA 5151/MUM/2019Status: DisposedITAT Mumbai01 March 2021AY 2010-113 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee opted for the 'Vivad Se Vishwas Scheme', the Revenue's appeal has become infructuous. The appeal is dismissed with liberty to revive if the settlement fails.

What were the facts?

The Revenue filed an appeal against the order of the CIT(A) for assessment year 2010-11. The assessee opted for settlement under the 'Vivad Se Vishwas Scheme, 2020' and filed a declaration.

What were the issues?

Whether an appeal filed by the Revenue becomes infructuous when the assessee opts for settlement under the 'Vivad Se Vishwas Scheme'.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: VIKAS AWASTHY & SHRI N.K.PRADHAN

For Respondent: Shri Sanjay J. Sethi
Hearing: 01/03/2021Pronounced: 01/03/2021

This appeal by the Revenue is directed against the order of Commissioner of Income –tax (Appeals)-28, Mumbai (in short ‘the CIT(A) ) dated 29/05/2019 for the assessment years 2010-11.

2 आअसं. 5151/मुं/2019 (�न.व. 2010-11) (A.Y.2010-11) 2. The Authorized Representative for the assessee has filed a letter dated 24/02/2021 stating that the assessee has opted for settlement of the appeal under ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has filed declaration before the concerned authority on 22/12/2020. However, the declaration filed is still pending for acceptance.

3.

Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee want to settle the appeal to avail the benefit of ‘VSVS’.

4.

Since, the assessee has opted for availing the benefit of VSVS, the appeal filed by the Revenue has become infructuous and is thus, liable to be dismissed, as such.

5.

Liberty is granted to the Revenue/appellant to revive the appeal , if the assessee/respondent for any reason whatsoever fails to honour the commitment specified in Form -3 or the declaration field under VSVS is not accepted by the concerned authority. The appeal by Revenue is dismissed as infructuous, with liberty aforesaid.

Order pronounced in the open court on Monday, the 1st day of March, 2021.

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