DCIT-1(1)(1), MUMBAI vs. M/S CIGNA TTK HELATH INSURANCE CO LTD., MUMBAI

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ITA 1930/MUM/2019Status: DisposedITAT Mumbai25 February 2021AY 2014-153 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The Tribunal treated the appeal as dismissed and withdrawn due to the assessee's settlement under the Vivad Se Viswas Scheme. Liberty was granted to the Revenue to restore the appeal if the declaration under the scheme is declared bad in law.

What were the facts?

The Revenue had filed an appeal before the ITAT. The assessee had filed an application under the Vivad Se Viswas Scheme, 2020, to settle the tax dispute for the assessment year in question.

What were the issues?

The primary issue was the impact of the Vivad Se Viswas Scheme on the pending appeal before the Tribunal.

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, ‘C‘ BENCH

Before: SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD, JM

Hearing: 25/02/2021Pronounced: 25/02/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-2, Mumbai in appeal No.CIT(A)-2/IT/10434/2016-17 dated 31/01/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 20/01/2016 by the ld.

M/s. Cigna TTK Health Insurance Co. Ltd., Asst. Commissioner of Income Tax-1(1)(1), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letter dated 17/01/2021 mentioning that assessee had preferred an application filed in form No.1 & 2 under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form No.3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the Revenue to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeal of the Revenue is dismissed.

Order pronounced in open Court on 25/02/2021

Sd/- Sd/- (RAVISH SOOD) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 25/02/2021 KARUNA, sr.ps

M/s. Cigna TTK Health Insurance Co. Ltd.,

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