NAVNEET PRAKASHAN KENDRA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX -21(2), MUMBAI

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ITA 5670/MUM/2019Status: 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The Tribunal dismissed the appeal as withdrawn based on the assessee's request to settle the matter under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement was unsuccessful.

What were the facts?

The assessee filed an appeal against an order of the CIT(A) for AY 2014-15. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas settlement scheme.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

Before: SHRI M. BALAGANESH & SHRI RAVISH SOOD

For Respondent: Shri Tharian Oommen, D.R
Hearing: 01/03/2021Pronounced: 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)-33, Mumbai, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 05.12.2016 for assessment year 2014-15.

2.

The assessee has e-filed a letter dated 03rd/27th 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. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 her appeal.

2 Navneet Prakashan Kendra Vs. ACIT-21(2)

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