TANMAL HANSRAJ JAIN,MUMBAI vs. ITO 19 (3)(5), MUMBAI

PDF · subscribers
ITA 3940/MUM/2019Status: DisposedITAT Mumbai14 January 2021AY 2009-102 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the Vivad se Vishwas scheme.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 was granted liberty to seek restoration if the matter was not resolved under the scheme.

What were the facts?

The assessee filed an appeal against a penalty order under Section 271(1)(c). The assessee 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Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme.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 “E” MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI RAVISH SOOD

For Respondent: Shri Vijay Kumar Menon, D.R
Hearing: 14/01/2021Pronounced: 14/01/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)- 30, Mumbai dated 25.04.2019, which in turn arises from the penalty order passed u/s 271(1)(c) of the Income-tax Act, 1961, dated 29.2.2017 for assessment year 2009-10.

2.

The ld. Authorised representative (for short “A.R”) for the assessee had filed a letter dated 17.12.2020 wherein its is stated that the assessee had filed the necessary declaration under the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020) and is awaiting for a final resolution of the matter under the said scheme, pursuant whereto the captioned appeal would be withdrawn.

3.

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

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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

2 Tanmal Hansraj Jain Vs. ITO-19(3)(5)

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 →