TARACHAND MULCHAND VARMA,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 4(3), MUMBAI

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ITA 5112/MUM/2019Status: DisposedITAT Mumbai19 January 2021AY 2016-172 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The Tribunal dismissed the appeal as withdrawn, with a condition. The assessee can approach the Tribunal for restoration if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2016-17. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020.

What were the issues?

The primary issue was the assessee's intention to withdraw the appeal due to opting for the Vivad se Vishwas scheme, with a request to protect the right of revival.

Which sections of the Income-tax Act were involved?

Direct Tax Vivad se Vishwas Act, 2020

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI AMARJIT SINGH, JM

Hearing: 19/01/2021Pronounced: 19/01/2021

PER AMARJIT SINGH, JM:

1.

This is an appeal filed by the assessee against the order dated 27/05/2019 passed by the Commissioner of Income Tax (Appeals)-52 Mumbai [hereinafter referred to as the “CIT(A)”] and pertains to A.Y.2016- 17.

2.

When this appeal was called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal is protected, in the event of, for some unfortunate reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The Ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

5.

In the result, the appeal is dismissed as withdrawn – subject to the observation above.

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