INCOME TAX OFFICER-17(3)(5), MUMBAI vs. M/S. VNM HYDROTEK, MUMBAI

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ITA 5144/MUM/2019Status: DisposedITAT Mumbai25 February 2021AY 2011-122 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 noted the assessee's submission regarding the Vivad Se Vishwas Act. Consequently, the appeal filed by the Revenue was considered infructuous.

What were the facts?

The Revenue filed an appeal against the assessment order for AY 2011-12. The assessee submitted that they have opted for the Vivad Se Vishwas Act, 2020, and are in the process of settling the dispute.

What were the issues?

Whether the Revenue's appeal is maintainable when the assessee has opted for settlement under the Vivad Se Vishwas Act, rendering the appeal infructuous.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN

For Respondent: Mr. Sanjay J. Sethi, DR
Hearing: 25/02/2021Pronounced: 25/02/2021

ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the Revenue. The relevant assessment year is 2011-12. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-28, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2.

The assessee has filed a letter dated 18.02.2021 stating that they have filed application under Vivad Se Vishwas Act, 2020 in Form No. 1 & 2. Following it, the Pr. CIT, Mumbai-17 has issued Form-3. It is stated that they are in the process of paying the amount determined in Form-3 of Rs.26,249/- and will file Form-4 on portal. 2 M/s VNM Hydrotek We brought to the attention of the Ld. Departmental Representative the above submission of the assessee.

3.

The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

4.

Considering the letter dated 18.02.2021 filed by the assessee, we are inclined to dismiss the appeal filed by the revenue as infructuous.

Order pronounced in the open Court on 25/02/2021.

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