ITO 27(1)(5), MUMBAI vs. M/S J V CHEM (INDIA), MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had filed under the Vivad se Vishwas Scheme and the department had issued Form-3 as acknowledgment. Consequently, the appeal filed by the revenue became infructuous.
What were the facts?
The Revenue filed an appeal against the order of the CIT(A) for AY 2011-12. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020.
What were the issues?
Whether the Revenue's appeal becomes infructuous due to the assessee opting for the Vivad se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
Vivad se Vishwas Act, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI VIKAS AWASTHY, JM & SHRI S. RIFAUR RAHMAN, AM
आदेश / O R D E R
PER S. RIFAUR RAHMAN, ACCOUNTANT MEMBER:
The present appeal has been filed by the revenue against the order dated 05.04.2019 passed by Ld. Commissioner of Income Tax (Appeals)- 26, Mumbai [hereinafter referred to as the “Ld. CIT (A)”] relevant to A.Y. 2011-12.
At the outset, when the appeal was called out for hearing, Ld. AR drawn our attention letter dated 12.01.2021 and submitted that assessee has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and assessee has yet to receive any intimation from the Office of Ld. CIT. 3. The Ld. DR did not object to course so suggested.
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Considered the submission of both the parties and material placed on record. Ld. DR submitted that assessee has filed under Vivad se Vishwas Scheme and filed Form-3 u/s 5(1) of the Scheme. We notice that Ld. AR submitted that no intimation received from Ld. CIT. However, we notice that the department has issued Form-3 as acknowledgment. Therefore, in our considered view, consequent to the issue of Form-3, the appeal filed by the revenue becomes infructuous. Accordingly, appeal filed by the revenue is dismissed.
In the result, the appeal is dismissed.
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