DCIT CEN CIR 8(1), MUMBAI vs. SHEELA K. MEHTA, MUMBAI

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ITA 1939/MUM/2017Status: DisposedITAT Mumbai11 February 2021AY 2009-102 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee had opted for settlement under the Vivad se Vishwas scheme. The Revenue's appeal was dismissed as withdrawn, with liberty to restore it if the settlement failed.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order. The assessee had 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Whether the appeal should be dismissed as withdrawn due to the assessee opting for settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI MANOJ KUMAR AGGARWAL & SHRI RAVISH SOODSmt. Sheela K. Mehta

For Appellant: Shri Durga Prasad Poojari, A.R
For Respondent: Shri T.S. Khalsa, D.R
Hearing: 11/02/2021Pronounced: 11/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the revenue is directed against the order passed by the CIT(A)- 50, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 153A r.w.s 143(3) of the Income-tax Act, 1961, dated 27.03.2015 for assessment year 2009-10.

2.

The ld. Authorised representative (for short “A.R”) for the assessee has e-filed a letter on 09th 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 ld. A.R had stated that “Form 5” has been issued to the assessee by the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal filed by the revenue may be directed to be withdrawn.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In view of the above, we dismiss the revenue’s appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the appellant revenue shall have liberty to approach the Tribunal for restoration of its appeal.

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