DCIT- CC- 5 (1), MUMBAI vs. BHARAT BABULAL JAIN, MUMBAI

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ITA 3413/MUM/2018Status: DisposedITAT Mumbai15 February 2021AY 2011-122 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, which was conceded by the revenue. Consequently, both the appeal and the cross-objections became infructuous.

What were the facts?

The revenue filed an appeal for AY 2011-12, and the assessee filed cross-objections. The assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal and cross-objections are maintainable when the assessee has opted for settlement under the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAVISH SOOD, JM

For Appellant: Shri Anant A. Pai-Ld.AR
For Respondent: Shri Tharian Oommen- Ld. DR

आयकर अपीलीय अिधकरण “बी” �ायपीठ मुंबई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी रवीश सूद, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI RAVISH SOOD, JM आयकरअपील सं./ (िनधा�रण वष� / Assessment Year: 2011-12) DCIT, CC-5(1) Shri Bharat Babulal Jain बनाम Room No.1928, 19th Floor 102, Royal Garden Air India Building Dr.A B Road, Atria Mall, Worli / Vs. Nariman Point, Mumbai-400 021 Mumbai-400 0048 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAEPJ-2184-L (अपीलाथ�/Appellant) (��थ� / Respondent) : & Cross Objection No. 195/ Mum/2019 (िनधा�रण वष� / Assessment Year: 2011-12) Shri Bharat Babulal Jain DCIT, CC-5(1) बनाम Room No.1928, 19th Floor 102, Royal Garden Dr.A B Road, Atria Mall, Worli Air India Building / Vs. Mumbai-400 0048 Nariman Point, Mumbai-400 021 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAEPJ-2184-L (अपीलाथ�/Appellant) (��थ� / Respondent) : Assessee by : Shri Anant A. Pai-Ld.AR Revenue by : Shri Tharian Oommen- Ld. DR सुनवाई की तारीख/ : 15/02/2021 Date of Hearing घोषणा की तारीख / : 15/02/2021 Date of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The captioned appeal by revenue for Assessment Year [AY] 2011-12 contest order of learned first appellate authority on certain grounds of appeal

. The assessee, upon receipt of notice of hearing, has preferred cross-objections against the same.

2. The learned counsel for Assessee, Shri Anant A. Pai, at the outset, submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 for the year under consideration and received Form No. 3 from appropriate authority. The Ld. DR conceded the stated fact.

3. In view of foregoing, the appeal filed by the revenue as well as cross-objections filed by the assessee becomes infructuous. Both stand dismissed with a liberty to appellant to seek recall of the appeal / cross-objections in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

4. The appeal as well as cross-objection stand dismissed as infructuous. Order pronounced on 15th February, 2021.

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