BHARAT H. BHANSALI,MUMBAI vs. ITO 19 (1)(2), MUMBAI

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ITA 6607/MUM/2018Status: DisposedITAT Mumbai15 February 2021AY 2013-142 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that if the matter is not resolved under the Vivad se Vishwas scheme, the assessee can seek restoration of the appeal.

What were the facts?

The assessee filed an appeal against the assessment order. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. The assessee received a certificate under the scheme and requested to withdraw the appeal.

What were the issues?

Whether the appeal should be withdrawn due to settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “B” MUMBAI

For Respondent: Shri Tharian Oommen, 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)-30, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 11.03.2016 for assessment year 2013-14.

2.

The assessee has filed a letter on 12th February, 2021, wherein it is stated that he had in order to buy peace of mind and to end the protracted litigation filed an application in Form 1 & 2 under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and has received the certificate in Form 3 from the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed 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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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 his appeal.

2 Bharat H. Bhansali Vs. ITO 19(1(2), Mumbai

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