LATE SHRI ANAND PRABHAKARAN NAIR THROUGH LEGAL HEIR DR, CHAMPAVATI PRABHAKARAN,MUMBAI vs. DY CIT CC 1 (1), MUMBAI

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ITA 8031/MUM/2019Status: DisposedITAT Mumbai12 February 2021AY 2014-153 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 noted the assessee's application under the Vivad Se Viswas Scheme. Consequently, the appeals were treated as dismissed and withdrawn.

What were the facts?

The assessee filed appeals before the ITAT for AY 2014-15 and 2015-16. The assessee later filed an application under the Vivad Se Viswas Scheme, 2020, to settle the tax dispute.

What were the issues?

The primary issue was the pendency of the appeal in light of the assessee opting for the Vivad Se Viswas Scheme for dispute resolution.

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, VIRTUAL COURT

Before: SHRI VIKAS AWASTHY, JM & SHRI M.BALAGANESH, AM & Shri

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

आदेश / O R D E R PER VIKAS AWASTHY (JM):

1.

These appeals in 8032/Mum/2019 for A.Y.2014-15 & 2015-16 arise out of the order by the ld. Commissioner of 8032/Mum/2019 Late Shri Anand Prabhakaran Nair Through Legal Heir Dr. Champavati Prabhakaran Income Tax (Appeals)-47, Mumbai in appeal No.CIT(A)-47, Mumbai/12912/2016-17, CIT(A)47/Mum/10189/2017-18 respectively dated 10/10/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 27/12/2016 & 22/12/2017 respectively by the ld. Dy. Commissioner of Income Tax, Central Circle 1(1), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letters dated 29/01/2021 & 02/02/2021 respectively 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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, appeals of the assessee are dismissed.

Order pronounced in the open Court on 12/02/2021.

Sd/- Sd/- (M.BALAGANESH) (VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 12/02/2021 KARUNA, sr.ps

8032/Mum/2019 Late Shri Anand Prabhakaran Nair Through Legal Heir Dr. Champavati Prabhakaran

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