What did the Tribunal hold?

The Tribunal noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and had filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

The assessee filed an appeal against an order of the CIT(A). During the hearing, the assessee expressed an intention to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

The primary issue was whether the appeal should continue when the assessee has opted for a settlement scheme. The Tribunal considered the implications of the 'Vivad se Vishwas Scheme' on pending appeals.

Which sections of the Income-tax Act were involved?

Section 143(3), Section 250, Section 254(2)

Interactive Tradex India Ltd vs ITO | ITAT Mumbai 2021

Income Tax Appellate Tribunal, “C” BENCH, MUMBAI

Before: SHRI S. RIFAUR RAHMAN & SHRI PAVAN KUMAR GADALE

For Respondent: Ms. Shreekala Pardesh, DR

Hearing: 27/01/2021Pronounced: 28/01/2021

सुनवाई क� तार�ख / Date of Hearing 27/01/2021 घोषणा क� तार�ख /Date of Pronouncement 28/01/2021 आदेश / O R D E R PER PAVAN KUMAR GADALE: The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - 12, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

At the time hearing, the Ld. AR of the assessee submitted that the assessee is intend to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme /Mum/2017 M/s. Interactive Tradex India Pvt Ltd.,Mumbai. - 2 - 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

We heard the rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed letter dated 27-01-2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 28.01.2021

INTERACTIVE TRADEX INDIA LTD,MUMBAI vs. ITO 6(3)(2), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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