GOLDEN SOURCE INDIA P. LTD,MUMBAI vs. PR CIT 9, MUMBAI

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ITA 4818/MUM/2015Status: DisposedITAT Mumbai05 February 2021AY 2009-103 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The Tribunal dismissed the appeal as withdrawn, noting that the assessee had opted for the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the scheme did not resolve the matter.

What were the facts?

The assessee had an appeal pending before the Tribunal against an order passed under Section 263 of the Income Tax Act. The assessee subsequently applied under the Direct Tax Vivad se Vishwas Act, 2020, for its consequential appeal before the CIT(Appeals).

What were the issues?

Whether the appeal before the Tribunal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme for a related appeal.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

For Appellant: Shri Siddhesh Chaugule, A.R
For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 05/02/2021Pronounced: 05/02/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the Pr. CIT-9, Mumbai under Sec.263 of the Income-tax Act, 1961 for the assessment year 2009-10 2. When this appeal was called for hearing, the ld. Authorised representative (for short “A.R”) for the assessee submitted that the assessee had applied under the Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) as regards its appeal pending with the CIT(Appeals), National Faceless Appeal Centre against the consequential assessment framed by the A.O u/s 143(3) r.w.s 263 of the Act. It was submitted by the ld. A.R that the assessee is awaiting for a final resolution of the matter under the said scheme. It was further submitted by the ld. A.R that it had been issued „Form No. 3‟ under the provisions of Sec. 5 of the Vivad se Vishwas Act, 2020 (Act 3 of 2020) by the designated authority. In order to fortify his aforesaid claim the ld. A.R took us through a letter dated 14.01.2021 addressed by the assessee to the CIT(Appeals), National Faceless Appeal Centre, wherein it had sought withdrawal of its appeal filed against the assessment order passed u/s 143(3) r.w.s 263 of the Act. Also, our 2 GoldenSource India Private Limited Vs. Pr. CIT-9 attention was drawn by the ld. A.R to the “Form 1”, “Form 2” and “Form 3” (e-filed copies placed on record). It was submitted by the ld. A.R that now when the assessee had opted for the Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) w.r.t its pending appeal against the assessment framed by the A.O u/s 143(3) u/s 263 of the Act, its appeal filed with the Tribunal against the order passed by the Pr. CIT-9, Mumbai under Sec. 263 would be rendered as infructuous.

3.

Per Contra, the ld. Departmental representative did not raise any objection to the seeking of withdrawal of the aforesaid appeal by the assessee.

4.

In view of the above, we dismiss the appeal filed by the assessee against the order passed by the Pr. CIT-8, Mumbai u/s 263 of the Act as withdrawn, subject to a rider that in the unlikely event if the aforesaid matter i.e its application filed under the Vivad se Vishwas Act, 2020 w.r.t its appeal against the order passed by the A.O u/s 143(3) r.w.s 263 before the CIT(Appeals), National Faceless Appeal Centre is not resolved under the said scheme, the assessee shall have the liberty to approach the Tribunal for restoration of his captioned appeal filed against the order passed by the Pr.CIT-9, Mumbai, under Sec. 263 of the Act.

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in the open court on 05/02/2021. Sd/- Sd/- (S. Rifaur Rahman) (Ravish Sood) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated: 05.02.2021 **PS: Rohit 3 GoldenSource India Private Limited Vs. Pr. CIT-9

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