M/S KAN TEXTILES PVT LTD.,DHULE vs. ITO 12 (3)(2), MUMBAI

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ITA 458/MUM/2020Status: DisposedITAT Mumbai12 February 2021AY 2016-173 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The Tribunal treated the appeal as dismissed and withdrawn.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.

What were the facts?

The assessee filed an appeal before the ITAT for Assessment Year 2016-17. 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 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 144

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 Appellant: Shri Akash Gagan
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 458/Mum/2020 for A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-20, Mumbai in appeal No.CIT(A)-20/IT-10244/2018-19 dated 22/11/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.144 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 13/12/2018 by the ld. ITO-12(3)(2), Mumbai (hereinafter referred to as ld. AO).

2.

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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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