RELIANCE BIG ENTERTAINMENT P. LTD,MUMBAI vs. DCIT 14(3)(1), MUMBAI

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ITA 1517/MUM/2019Status: DisposedITAT Mumbai29 January 2021AY 2012-133 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The Tribunal dismissed both appeals as withdrawn, granting liberty to seek restoration if the Vivad se Viswas application is not accepted. This decision was made in light of the assessee's settlement under the Vivad se Viswas Act.

What were the facts?

The assessee opted to settle the dispute arising in these appeals under the Direct Tax Vivad se Viswas Act, 2020. Both the assessee and the revenue agreed to withdraw their respective appeals.

What were the issues?

The primary issue was the pending appeals before the ITAT, which the parties agreed to withdraw due to the assessee opting for settlement under the Vivad se Viswas Act, 2020.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “J” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri Jitendra Sanghavi
For Respondent: Shri Ashish Heliwal Sr.DR
Pronounced: 14/01/2021

Heard together (2 matters)

I.T.A. No.1517/Mum/2019
I.T.A. No.2155/Mum/2019

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per Bench, Captioned appeals arise out of order dated 5-01-2019 of learned Commissioner of Income Tax (Appeals)-57, Mumbai for the assessment year 2012-13.

I.T.A. No.1517 & 2155/Mum/2019 2

2.

Vide letter dated 11-01-2021, kept on record, learned Authorised Representative of the assessee has submitted that the assessee has opted for settling the dispute arising in these appeals by filing application under the Direct Tax Vivad se Viswas Act, 2020 (copies of forms 1 & 2 have been enclosed to the said letter). On a suggestion from the bench, the learned Authorised Representative fairly accepted for withdrawal of the appeal filed by the assessee with liberty to seek restoration of the appeal. The learned Departmental Representative has also agreed for withdrawal of Revenue’s appeal with similar liberty.

3.

Having considered rival submissions and keeping in view the fact that the assessee has already applied for settling the dispute arising in these appeals under the Direct Tax Vivad se Viswas Act, 2020, we are inclined to dismiss these appeals as withdrawn. However, if for any unforeseen reason assessee’s application under the Direct Tax Vivad se Viswas Act, 2020 is not accepted, both, the assessee and the revenue are granted liberty to seek recall of this order and restoration of the respective appeals filed by them. 4. In the result, both the appeals are dismissed with the aforementioned liberty.

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