M/S PRESS KUNJ-ORIGINALLY PARTNERSHIP FIRM NOW PROPRIETORSHIP,MUMBAI vs. ITO 31(2)(5), MUMBAI

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ITA 468/MUM/2020Status: DisposedITAT Mumbai25 February 2021AY 2009-103 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 noted that the assessee had opted for the Vivad Se Vishwas Scheme to settle the tax dispute. Consequently, the appeal was treated as dismissed and withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT for AY 2009-10. The appeal arose from an assessment order passed under Section 143(3) r.w.s. 147 of the Income Tax Act.

What were the issues?

The primary issue was the impact of the assessee's participation in the Vivad Se Vishwas Scheme on the pending appeal before the Tribunal.

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, ‘C‘ BENCH

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

For Appellant: Shri Vikas Jadhav
For Respondent: Ms. Shreekala Pardeshi
Hearing: 25/02/2021Pronounced: 25/02/2021

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

1.

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-42, Mumbai in appeal No.CIT(A)-42/38/14-15 dated 29/08/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 20/03/2014 by the ld. Income Tax Officer-15(2)(3), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letter 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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 assessee is dismissed.

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

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