M/S SUPERMAX INTERNATIONAL PVT. LTD,MUMBAI vs. ACIT CENTRAL CIRCLE-38, MUMBAI

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ITA 970/MUM/2019Status: DisposedITAT Mumbai11 February 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that the assessee can seek restoration if the Vivad se Vishwas scheme does not resolve the matter. This decision was based on the assessee's settlement application.

What were the facts?

The assessee filed an appeal before the ITAT. The assessee subsequently filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter. The Revenue did not controvert this submission.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee's settlement under the Vivad se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

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 SOOD

For Appellant: Shri Prateek Jha, 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 assessee is directed against the order passed by the CIT(A)-54, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 28.03.2014 for assessment year 2011-12.

2.

The ld. Authorised representative (for short “A.R”) for the assessee at the very outset of the hearing of the appeal submitted that the assessee appellant 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 it was submitted by the ld. A.R that the assessee had submitted Form No. 1 and 2 under the Vivad se Vishwas Scheme, 2020 on 02.02.2021. It was, thus, submitted by the ld. A.R. that in the backdrop of the aforesaid facts the captioned appeal may allowed to be withdrawn.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In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach the Tribunal for restoration of its appeal.

2 M/s Supermax International Pvt. Ltd. Vs. ACIT, CC-38 (now DCIT, CC-6(3)

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