PRAGATI ENTRPRISES,MUMBAI vs. ADDL. CIT RANGE - 17(2), MUMBAI

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ITA 1449/MUM/2020Status: DisposedITAT Mumbai12 February 2021AY 2008-093 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal treated the appeal as dismissed and withdrawn. Liberty was granted to the assessee to restore the appeal if the Vivad Se Viswas declaration is declared bad in law in the future.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently filed an application under the Vivad Se Viswas Scheme 2020 to settle the tax dispute for the assessment year under consideration.

What were the issues?

The primary issue was the settlement of the tax dispute under the Vivad Se Viswas Scheme, leading to the withdrawal of the appeal.

Which sections of the Income-tax Act were involved?

Section 143(3)(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

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

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

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

1.

This appeal in A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-32, Mumbai in appeal No.CIT(A)-32, Mumbai/10040/2011-12 dated 20/01/2020 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3)(ii) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 24/12/2010 by the ld. Addl. CIT, Range 17(2), Mumbai (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letter dated 08/02/2021 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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, appeal of the assessee is dismissed.

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

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