DCIT 12 (2)(2), MUMBAI vs. G. M . BIJLANI CONSTRUCTION PVT. LTD., MUMBAI

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ITA 3059/MUM/2019Status: DisposedITAT Mumbai29 January 2021AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as withdrawn, acknowledging the assessee's application under the Vivadh se Viswas Act. Liberty was granted to the Revenue to revive the appeal if the settlement application is not accepted.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a penalty imposed under section 271(1)(c). The assessee had applied for settlement under the Direct Tax Vivadh se Viswas Act, 2020.

What were the issues?

Whether the appeal should be dismissed due to the assessee's settlement application under the Vivadh se Viswas Act, with provisions for revival.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri T.S. Khalsa(DR)

Heard together (2 matters)

I.T.A. No.6617/Mum/2018
I.T.A. No.3059/Mum/2019

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

O R D E R Per Saktijit Dey (JM), This is an appeal by the revenue against the order dated 20-02-2019 of learned Commissioner of Income Tax (Appeals)-20, Mumbai deleting the penalty imposed of Rs.1,36,623 under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2009- 10.

2.

When the appeal was called up for hearing, no one was present for the assessee. However, the learned Authorised Representative of the assessee has submitted a letter dated 13-01-2021 stating that the assessee has filed application under the Direct Tax Vivadh se Viswas Act, 2020 for settling the dispute arising in this appeal. On a suggestion from the Bench, the I.T.A. No.6617/Mum/2018 2 learned Departmental Representative fairly accepted for withdrawal of the appeal, so long as, the right of the department for revival of the appeal is protected in case of non-acceptance of assessee’s application under the Direct Tax Vivadh se Viswas Act, 2020.

3.

Having considered the submissions of the learned Departmental Representative and keeping in view the fact that the assesse has applied for settling the dispute arising in this appeal by filing application under the Direct Tax Vivadh se Viswas Act, 2020, we are inclined to dismiss this appeal as withdrawn. However, in the unlikely event of assessee’s application under the Direct Tax Vivadh se Viswas Act, 2020 being not accepted by the department, liberty is granted to the revenue to seek recall of this order and restoration of the appeal.

4.

In the result, appeal is dismissed with aforementioned liberty.

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