ITO 22 (1)(5), MUMBAI vs. SHRI. HIMMATLAL GIRDHARLAL THAKKAR, MUMBAI

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ITA 7592/MUM/2019Status: DisposedITAT Mumbai12 February 2021AY 2009-103 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The Tribunal treated the appeal as dismissed and withdrawn in view of the assessee's settlement under the Vivad Se Viswas Scheme.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?

Section 143(3),Section 147

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

For Respondent: Shri Sushil Kumar Mishra
Hearing: 12/02/2021Pronounced: 12/02/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

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

2.

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.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the revenue to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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.

4.

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

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