M/S MY JELATHSKAPE MEDICALS PVT LTD.,MUMBAI vs. ASST CIT 12(3)(2), MUMBAI

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ITA 4550/MUM/2019Status: DisposedITAT Mumbai22 January 2021AY 2014-153 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 noted that the assessee had opted for the 'Vivad se Vishwas Scheme' and filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order passed by the Commissioner of Income Tax (Appeals). 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 intended to settle the dispute under a specific scheme. The Tribunal considered the implications of the 'Vivad se Vishwas Scheme' on the pending appeal.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Bharat Andhale, DR
Hearing: 28/01/2021Pronounced: 29/01/2021

सुनवाई क� तार�ख / Date of Hearing 28/01/2021 घोषणा क� तार�ख /Date of Pronouncement 29/01/2021 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) - 21, Mumbai, passed u/s. 143(3) and 250 of the Income Tax Act, 1961.

2.

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

3.

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 an application as envisaged by the Ld.AR. 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

4.

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

Order pronounced in the open court on 29.01.2021

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