HILL GARDEN CO-OP HOUSING SOCIETY,MUMBAI vs. ITO WARD-3(2), MUMBAI

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ITA 4446/MUM/2019Status: DisposedITAT Mumbai10 February 2021AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee society filed an appeal against a penalty order. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee's settlement under the Vivad se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “H” MUMBAI

Before: SHRI S. RIFAUR RAHMAN & SHRI RAVISH SOOD

For Respondent: Shri Gurbinder Singh, D.R
Hearing: 10/02/2021Pronounced: 10/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee society is directed against the order passed by the CIT(A)-1, Thane, which in turn arises from the penalty order passed by the A.O under Sec. 271(1)(c) of the Income-tax Act, 1961, dated 26.04.2017 for assessment year 2014-15.

2.

The ld. Authorised representative (for short “A.R”) for the assessee has filed a letter on 08th February, 2021, wherein it is stated that the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. In support of his aforesaid claim the assessee had enclosed Form No. 1 & 2 and Form No.

3. It is stated by the assessee society that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

2 Hill Garden co-op Housing Society Vs.ITO Ward 3(2)

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