ITO 21 (3)(1), MUMBAI vs. RAMESH B. MUSALE, MUMBAI

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ITA 4464/MUM/2019Status: DisposedITAT Mumbai15 February 2021AY 2010-114 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), and the assessee filed cross-objections. During the hearing, the assessee informed the tribunal that they intended 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 tax settlement scheme. The fate of cross-objections when the main appeal is dismissed.

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, “D” BENCH, MUMBAI

Before: SHRI M. BALAGANESH & SHRI PAVAN KUMAR GADALEShri Bharat Andhle, DR

आदेश / O R D E R PER PAVAN KUMAR GADALE: The appeal has been filed by the revenue against the order of the Commissioner of Income Tax (Appeals) -33, Mumbai, passed u/s. 143 (3) and 250 of the Income Tax Act, 1961 and the Cross objections by the assessee

2.

At the time hearing, none appeared on behalf of the assessee. Whereas,the assessee has filed a letter dated 11.02.2021 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 in the revenue appeal. Contra, the Ld. DR has no objections.

3.

We heard the Ld.DR and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed letter dated 11.02.2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department. We are of the view that, no & CO No. 278/Mum/2019 Ramesh B Musale - 3 - 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.

4.

Since, the revenue appeal is dismissed. The Cross objections filed by the assessee will be infructuous and is dismissed.

5.

In the result, appeal filed by the revenue and the cross objections of the assessee are dismissed.

Order pronounced in the open court on 15.02.2021.

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