AKBAR ABDEALI MUN,MUMBAI vs. DCIT 24(1), MUMBAI

PDF · subscribers
ITA 3166/MUM/2017Status: DisposedITAT Mumbai15 February 2021AY 2006-072 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee is pursuing settlement under the Vivad se Vishwas scheme. The assessee retains liberty to seek restoration if the settlement fails.

What were the facts?

The assessee filed an appeal against an assessment order. The assessee later filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. The revenue did not object to this.

What were the issues?

The primary issue was the pendency of the appeal before the Tribunal in light of the assessee's application for settlement under the Vivad se Vishwas Act.

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 “A” MUMBAI

For Respondent: Shri Brajendra Kumar, D.R
Hearing: 15/02/2021Pronounced: 15/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-42, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) r.w.s 147 of the Income-tax Act, 1961, dated 24.03.2014 for assessment year 2006-07.

2.

The assessee has filed a letter dated 11th February, 2021, wherein it is stated that it has filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in Form 1 & Form 2 in order to settle the aforesaid matter pending before the Tribunal and is awaiting for the issuance of Form 3 by the designated authority. In support of its aforesaid claim the assessee had enclosed alongwith its letter copies of Form 1 & Form 2.

3.

The ld. D.R did not controvert the aforesaid factual position as was stated before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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

2 M/s Akbar AbdealiMun. Vs. DCIT-24(1)

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →