M/S. ADVANCE GRP COOLING TOWERE PVT LTD,MUMBAI vs. INCOME TAX OFFICER-12(1)(1), MUMBAI

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ITA 5238/MUM/2019Status: DisposedITAT Mumbai11 February 2021AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal found no purpose in keeping the appeal pending as the assessee had opted for the Vivad se Vishwas Scheme. Therefore, the appeal was dismissed as withdrawn.

What were the facts?

The assessee intended to settle tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'. An application was filed under the scheme, and the Income Tax Department issued Form-3.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

O R D E R PER PAVAN KUMAR GADALE: The assessee has filed the captioned appeal against the order of the Commissioner of Income Tax M/s Advance GRP Cooling Towers Pvt. Ltd. - 2 - (Appeals) - 20, Mumbai, passed u/s. 271 (1) (c) of the Income Tax Act, 1961.

1.

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 has filed letter dated 09.02.2021 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

M/s Advance GRP Cooling Towers Pvt. Ltd. - 3 - 4. In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 11.02.2021.

Sd/- Sd/- (SHAMIM YAHYA) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 11.02.2021 AK, PS आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��यथ� / The Respondent. 2. 3. संबंिधत आयकर आयु� / The CIT(A) 4. आयकर आयु�(अपील) / Concerned CIT िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�यािपत �ित //True Copy// 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपीलीय अिधकरण, मुंबई / ITAT, Mumbai

2.

Other Member… which the

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