ITO 27 (1)(5), MUMBAI vs. M/S J.V.CHEM (INDIA), MUMBAI

PDF · subscribers
ITA 5055/MUM/2019Status: DisposedITAT Mumbai16 February 2021AY 2012-133 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 that the assessee had opted for the 'Vivad se Vishwas Scheme 2020' and had filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The Revenue filed an appeal against an order of the CIT(A). The assessee expressed an intention to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for a settlement scheme like 'Vivad se Vishwas'. The applicability and implications of the 'Vivad se Vishwas Scheme 2020' on pending appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250,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: This appeal has been filed by the revenue against the order of the Commissioner of Income Tax M/s J.V. Chem (India) - 2 - (Appeals) - 26, Mumbai, passed u/s143(3) and 250 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 has filed letter dated 08.02.2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department 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 Revenue and the appellant 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.

M/s J.V. Chem (India) - 3 - 4. In the result, the appeal filed by the revenue is dismissed.

Recent GST High Court judgments

Search GST case law →