ROCKFIRST REAL ESTATE LIMITED,MUMBAI vs. DCIT, CENTRAL CIRCLE 1(3), MUMBAI

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ITA 5517/MUM/2019Status: DisposedITAT Mumbai26 February 2021AY 2012-133 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, considering the assessee's request and the provisions of the Vivad Se Vishwas Act, decided to dismiss the appeals as withdrawn. Liberty was granted to seek restoration if the declaration under the Act is deemed void.

What were the facts?

The assessee filed appeals against assessment orders. The assessee subsequently received Form-3 under the Vivad Se Vishwas Act, 2020, and requested to withdraw the appeals.

What were the issues?

The primary issue was the withdrawal of appeals due to the assessee opting for the Vivad Se Vishwas Act settlement scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D” MUMBAI

Before: SHRI RAVISH SOOD & SHRI N.K. PRADHAN

For Respondent: Mr. Bharat Andhale, DR
Hearing: 26/02/2021Pronounced: 26/02/2021

ORDER PER N.K. PRADHAN, A.M. The captioned appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-47, Mumbai [in short ‘CIT(A)’] and arise out of the assessment completed u/s 143(3) r.w.s. 153A of the Income Tax Act 1961, (the ‘Act’).

& 5518/M/2019 2 Rockfirst Real Estate Ltd. 2. The assessee/appellant has filed a letter dated 11.02.2021 before the Tribunal stating that they have received Form-3 under the Vivad Se Vishwas Act, 2020 and therefore, they would like to withdraw the above appeals.

We brought to the attention of the Ld. Departmental Representative the above submission of the appellant.

3.

The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the letter dated 11.02.2021 filed by the appellant and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss these appeals as withdrawn. However, liberty is granted to the assessee to seek the restoration of these appeals in the event the declaration filed under the aforesaid Act is considered void by the Department. It is further made clear, in such eventuality, if the assessee seeks restoration of these appeals by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay. & 5518/M/2019 3 Rockfirst Real Estate Ltd.

4.

In the result, these appeals are dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 26/02/2021.

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