MEGA REACH NOVEX COMMUNICATION PVT LTD.,MUMBAI vs. DCIT 10 (3)(2), MUMBAI

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ITA 2451/MUM/2019Status: DisposedITAT Mumbai01 February 2021AY 2012-132 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The Tribunal dismissed the appeals as withdrawn, with a condition. The condition allows the assessee to seek restoration of the appeals if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed appeals against the CIT(A) order for assessment years 2012-13 and 2013-14. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting its resolution.

What were the issues?

The primary issue was the assessee's request to withdraw the appeals due to opting for the Vivad se Vishwas scheme, with a provision for revival.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI M. BALAGANESH, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Shalin
Hearing: 01/02/2021Pronounced: 01/02/2021

आदेश / O R D E R PER AMARJIT SINGH (JM): These appeals filed by the assessee against the order dated 30.01.2019 passed by the Commissioner of Income Tax (Appeals), 17 Mumbai [hereinafter referred to as the “CIT(A)”]. Relevant to the A.Ys. 2012-13 & 2013-14. 2. We have heard the arguments advanced by the Ld. Representative of the parties and perused the record. When these appeals were called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeals. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeals being dismissed as withdrawn as long as his right for revival of the appeals are protected, in & 2452/M/2019 A.Ys. 2012-13 & 2013-14 the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The Ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeals as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeals.

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