ECOHOMES CONSTRUCTIONS PRIVATE LIMITED,MUMBAI vs. ACIT-9(2)(2), MUMBAI

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ITA 2724/MUM/2019Status: DisposedITAT Mumbai11 February 2021AY 2014-153 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 noted that the assessee had opted for the 'Vivad se Vishwas Scheme 2020' and had filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of the CIT(A). At the time of hearing, no one appeared for the assessee, who had submitted a letter expressing intent to settle the litigation under the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme 2020'.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER (A.Y: 2014-15) बनाम/ Ecohomes Constructions ACIT – 9 (2)(2), Pvt. Ltd., Room No. 665-A, Vs. 1406 Ecostar, Aayakar Bhavan, Vishveshwara Nagar, Off M.K. Marg, Aarey Road, Mumbai - 400020 Goregaon (E), Mumbai - 400063 �थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCD4416H (अपीलाथ� /Appellant) (��यथ� / Respondent) .. अपीलाथ� ओर से / None Appellant by : ��यथ� क� ओर Shri Vijay Kumar Menon, DR से/Respondent by : सुनवाई क� तारीख / Date of 11/02/2021 Hearing घोषणा क� तारीख /Date of 11/02/2021 Pronouncement आदेश / O R D E R PER PAVAN KUMAR GADALE:

Ecohomes Constructions Pvt. Ltd. - 2 - The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 16, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, none appeared on behalf of the assessee. The assessee has filed a letter dated 01.02.2021 that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the Ld.DR and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed a letter dated 01.02.2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the Ecohomes Constructions Pvt. Ltd. - 3 - present order in accordance with the provisions of law.

4.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 11.02.2021.

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