POONAM ASHOK GUPTA,MUMBAI vs. ACIT - 13 (3), MUMBAI

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ITA 5753/MUM/2018Status: DisposedITAT Mumbai28 January 2021AY 2008-092 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas scheme. The assessee retains the right to revive the appeal if the scheme does not resolve the matter.

What were the facts?

The assessee filed an appeal against a penalty order under Section 271(1)(c). The assessee had subsequently filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution under the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.

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, MUMBAI BENCH “C” MUMBAI

For Appellant: Shri. Ashok L Sharma, A.R
For Respondent: Ms. Shreekala Pardeshi, D.R
Hearing: 28/01/2021Pronounced: 28/01/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-58, Mumbai dated 20.072018, which in turn arises from the penalty order passed u/s 271(1)(c) of the Income-tax Act, 1961, dated 28.03.2014 for assessment year 2008-09.

2.

When this appeal was called for hearing, the ld. Authorised representative (for short “A.R”) for the assessee submitted that the assessee had filed the necessary declaration under the Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for a final resolution of the matter under the said scheme. In order to support the aforesaid factual position the ld. A.R took us through the declaration filed by the assessee in „Form No. 1‟ with the appropriate authority. In the backdrop of the aforesaid facts, it was submitted by the ld. A.R that the captioned appeal may be dismissed as withdrawn as long as the assessee‟s right for revival of the appeal are protected, in the event, if for some unforeseen reason the matter is not settled under the Vivad se Vishwas scheme.

3.

The ld. D.R did not raise any objection.

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