MILLIND MANOHAR DESHPANDE,KOLHAPUR vs. ITO, WARD 29 (2)(2), MUMBAI

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ITA 5043/MUM/2019Status: DisposedITAT Mumbai16 February 2021AY 2011-123 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 2020' and filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order passed under section 143(3) read with section 263 of the Income Tax Act. The assessee intended to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn when the assessee opts for the Vivad se Vishwas Scheme, thereby settling the tax litigation.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

आदेश / O R D E R PER PAVAN KUMAR GADALE:

1.

Milind Manohar Deshpande - 2 - This appeal has been filed by the assessee against the order of the Commissioner of Income Tax (Appeals) - 40, Mumbai, passed u/s. 143 (3) r.w.s. 263 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld. AR of the assessee submitted that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and filed application as envisaged by the Ld.AR . We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

Milind Manohar Deshpande - 3 - 4. In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 16.02.2021.

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