MR SHEKHAR PHANI SUMAN,MUMBAI vs. ITO 16(1)(4), MUMBAI

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ITA 864/MUM/2020Status: DisposedITAT Mumbai12 February 2021AY 2015-163 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The Tribunal treated the appeal as dismissed and withdrawn in view of the assessee's settlement under the Vivad Se Viswas Scheme. Liberty was granted to restore the appeal if the declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a declaration under the Vivad Se Viswas Scheme, 2020, to settle the tax dispute. A form from the designated authority was enclosed with the appeal.

What were the issues?

Whether the appeal should be dismissed due to the assessee opting for the Vivad Se Viswas Scheme for settlement.

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 Shekhar Phani Suman

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 864/Mum/2020 for A.Y.2015-16 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-4, Mumbai in appeal No.CIT(A)-4/IT-167/Ito-16(1)(4)/2017-18 dated 29/11/2019 (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 28/12/2017 by the ld. Income Tax Officer – 16(1)(4) (hereinafter referred to as ld. AO).

2.

We find that the ld. AR filed a letter dated 03/02/2021 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In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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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