PALL INDIA P. LTD,MUMBAI vs. ACIT CIR 14(2)(2), MUMBAI

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ITA 1226/MUM/2015Status: DisposedITAT Mumbai28 January 2021AY 2010-113 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Tribunal, noting the assessee's intention to settle disputes under the Vivad se Vishwas Act, dismissed the appeals as withdrawn. Liberty was granted to restore the appeals if the Vivad se Vishwas applications were not accepted.

What were the facts?

The assessee and revenue filed multiple appeals before the ITAT for assessment years 2010-11, 2011-12, and 2012-13. The assessee had opted to settle the disputes by filing applications under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The core issue was the pending settlement of disputes under the Vivad se Vishwas Act, leading to the withdrawal of appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(13)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI SAKTIJIT DEY

For Appellant: Shri Karan Mehta (AR)
For Respondent: Shri Ashish K Heliwal (DR)
Pronounced: 12/01/2021

Heard together (3 matters)

I.T.A. No.1226/Mum/2015
I.T.A No.1016/Mum/2016
I.T.A No.919/Mum/201

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

Date of hearing 12-01-2021 Date of Pronouncement 12/01/2021 O R D E R PerBench: Aforesaid are bunch of four appeals. Out of which three are by theassessee against final assessment orders passed under section 143(3) r.w.s. 144C(13) of the Act for the assessment years 2010-11, 2011-12 & 2012-13.Whereas, the solitary appeal by the revenue is against the directions of learned Dispute Resolution Panel (DRP) for the assessment year 2010-11.

2.

The learned Counsel for the assessee submitted, the assessee has opted for settling the dispute arising in all these appeals by filing applications under the Direct Tax Vivad se Vishwas Act, 2020. However, he submitted, approval of the designated authority in Form3 is awaited. On a suggestion from the Bench, the learned Counsel for the assessee accepted for withdrawal of the appeals filed by the assessee with liberty to seek restoration of the appeals, if for any unforeseen reasons, the applications filed under the Direct Tax Vivad se Vishwas Act, 2020 are not accepted. The learned Departmental Representative also agreed for withdrawal of the appeal of the revenue with liberty to seek restoration of the appeal if for any unforeseen reasons, the applications filed under the Direct Tax Vivad se Vishwas Act, 2020 is not accepted.

3.

Having considered rival submissions and keeping in view the fact that the assessee has already filed applications under the Direct Tax Vivad se Vishwas Act, 2020 for settling the dispute arising in these appeals, we are inclined to dismiss these appealsas withdrawn. However, if for any unforeseen reason the applications filed by the assessee are not accepted, liberty is granted to both the assessee and the revenue for seeking recall of this order and restoration of the respective appeals/appeal filed by them.

4.

In the result, appeals are dismissed with the aforementioned liberty.

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