NIRMAL BOT LTD,MUMBAI vs. ACIT 15(2)(1), MUMBAI

PDF · subscribers
ITA 357/MUM/2018Status: DisposedITAT Mumbai20 January 2021AY 2011-122 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The Tribunal dismissed the appeal as withdrawn, allowing the assessee liberty to seek restoration if the Vivad Se Vishwas declaration is not accepted.

What were the facts?

The assessee's appeal for Assessment Year 2011-12 contested a penalty order. The assessee had opted for settlement under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the assessee's decision to settle the dispute under the Vivad Se Vishwas Scheme, leading to the withdrawal of the appeal.

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, “B” BENCH, MUMBAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Hetal Vora-Ld. AR
For Respondent: Shri Tharian Oommen- Ld. DR

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year 2011-12, contests the order of learned first appellate authority with respect to confirmation of certain penalty u/s 271(1)(c).

2.

The Ld. Counsel for assessee, at the outset, placed on record letter dated 19/01/2021 and submitted that the assessee has already opted for settlement of dispute under Direct Tax Vivad Se Vishwas Scheme (VVS Scheme), 2020 and filed requisite declarations therein. The Ld. AR also submitted that the appeal

2 Nirmal Bot Ltd. Assessment Year: 2011-12 may be dismissed as withdrawn but with a liberty to assessee to seek restoration in case the aforesaid declaration is not accepted. The Ld. DR did not object to the same.

3.

In view of foregoing, the appeal stands dismissed as withdrawn with a liberty to assessee to seek restoration of this appeal in case the aforesaid declaration filed under the scheme is not accepted, for whatever reasons.

The appeal stands dismissed as withdrawn.

4.

Order pronounced on 20th January, 2021. (Mahavir Singh) (Manoj Kumar Aggarwal) उपा"" / Vice President लेखा सद" / Accountant Member मुंबई Mumbai; िदनांक Dated : 20/01/2021 Sr.PS, Jaisy Varghese आदेशकी"ितिलिपअ"ेिषत/Copy of the Order forwarded to : अपीलाथ"/ The Appellant

1.

""थ"/ The Respondent 2. आयकरआयु"(अपील) / The CIT(A) 3. आयकरआयु"/ CIT– concerned 4. िवभागीय"ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड"फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

उप/सहायक पंजीकार (Dy./Asstt.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →