DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, THANE vs. M/S. ASHIDA ELECTRONICS PVT. LTD, THANE

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ITA 5016/MUM/2019Status: DisposedITAT Mumbai11 February 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

Since the assessee opted for the 'Vivad se Vishwas Scheme' and filed the necessary application, the tribunal was of the view that keeping the appeals pending would serve no purpose. Therefore, the appeals were dismissed.

What were the facts?

The revenue filed appeals against orders passed under sections 271(1)(c) and 250 of the Income Tax Act. The assessee intended to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

The primary issue was whether the pending revenue appeals should be dismissed in light of the assessee's decision to settle the tax litigation under the 'Vivad se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE & Shri Brajendra Kumar, DR

आदेश / O R D E R PER PAVAN KUMAR GADALE: These appeals have been filed by the revenue against the separate orders of the Commissioner of Income Tax (Appeals) - 1, Thane, passed u/s. 271 (1) (c) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld. AR of the assessee submitted 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 rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department as envisaged by the Ld.AR. We are of the view that, no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the appeals of the Revenue and the & 5017 /Mum/2019 Ashida Electronics - 3 - appellant is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

4.

In the result, the appeals filed by the revenue are dismissed.

Order pronounced in the open court on 11.02.2021.

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