POLYDRILL ENGINEERS PVT LTD.,MUMBAI vs. DCIT(CENTRAL PROCESSING CELL)TDS, MUMBAI

PDF · subscribers
ITA 4273/MUM/2019Status: DisposedITAT Mumbai16 February 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The Tribunal dismissed the appeals as withdrawn, with a condition. The condition allows the assessee to seek restoration of the appeals if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed appeals against the CIT(A) order for AY 2014-15. During the hearing, the assessee's counsel stated that a declaration under the Vivad se Vishwas Act, 2020 was filed and the matter is awaiting resolution under the scheme.

What were the issues?

The primary issue was the assessee's request to withdraw the appeals due to opting for the Vivad se Vishwas scheme, with a safeguard for future restoration.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI AMARJIT SINGH, JM

Hearing: 16/02/2021Pronounced: 16/02/2021

आदेश / O R D E R PER AMARJIT SINGH (JM): These appeals filed by the assessee against the order dated 13.05.2019 passed by the Commissioner of Income Tax (Appeals), 60 Mumbai [hereinafter referred to as the “CIT(A)”]. Relevant to the A.Y. 2014-15. 2. We have heard the argument advanced by the Ld. Representative of the Department and has gone through the case carefully. When these appeals were called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeals. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeals being dismissed as withdrawn as long as his right & 4274/M/2019 A.Y. 2014-15 for revival of the appeals are protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The Ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeals as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeals.

Recent GST High Court judgments

Search GST case law →