ITO 22 (1)(5), MUMBAI vs. SHRI. HIMMATLAL GIRDHARLAL THAKKAR, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal treated the appeal as dismissed and withdrawn in view of the assessee's settlement under the Vivad Se Viswas Scheme. Liberty was granted to the revenue to seek restoration of the appeal if the declaration under the scheme is declared bad in law.
What were the facts?
The assessee had filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute. The assessee obtained Form-3 from the designated authority under the scheme.
What were the issues?
The primary issue was the settlement of the tax dispute through the Vivad Se Viswas Scheme and its impact on the pending appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VIRTUAL COURT
Before: SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM Shri Himmatlal G. Thakkar Dr. Ambedkar Road
आदेश / O R D E R PER M. BALAGANESH (A.M):
This appeal in 7592/Mum/2019 for A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-34, Mumbai in appeal No.CIT(A)-34/ITO-22(1)(5)/IT-10242/16-17 dated 17/09/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 18/01/2016 by the ld. Income Tax Officer – 22(1)(5), Mumbai (hereinafter referred to as ld. AO).
Shri Himmatlal Girdharlal Thakkar
We find that the ld. AR filed a letter dated 21/01/2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.
In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the revenue to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.
In the result, appeal of the revenue is dismissed.
Order pronounced in the open Court on 12/02/2021.
Sd/- Sd/- (VIKAS AWASTHY) (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 12/02/2021 KARUNA, sr.ps
Shri Himmatlal Girdharlal Thakkar
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026
- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026