DEEPAK ENTERPRIES,MUMBAI vs. ITO 27(1)(4), MUMBAI

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ITA 2006/MUM/2019Status: DisposedITAT Mumbai13 January 2021AY 2009-103 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal, considering the assessee's application under the Vivad Se Vishwas Act, dismissed the appeals as withdrawn. Liberty was granted to seek restoration if the declaration under the Act is deemed void.

What were the facts?

The assessee filed appeals against assessment orders for AYs 2009-10, 2010-11, and 2011-12. The assessee subsequently filed an application under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the Vivad Se Vishwas scheme. The applicability and implications of the Direct Tax Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI PAVAN KUMAR GADALE & SHRI N.K. PRADHAN

For Respondent: Ms. Smita Verma, DR
Hearing: 13/01/2021

ORDER PER N.K. PRADHAN, A.M. The captioned appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-24, Mumbai [in short , 2005 & 2004/M/2019 2 Deepak Enterprises ‘CIT(A)’] and arise out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2.

The appellant has filed a letter dated 10.10.2020 stating that they have already filed application under the Direct Tax Vivad Se Vishwas Act, 2020 for the captioned assessment years. In this regard, the appellant enclosed along with the above letter copies of Form-1 (application) and Form-2 (declaration) filed under the above Act.

We brought to the attention of the Ld. Departmental Representative (DR) the above submissions of the appellant.

3.

The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the application of the appellant under the above Act and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss these appeals as withdrawn. However, liberty is granted to the appellant to seek the restoration of these appeals in the event the declaration filed under the aforesaid Act is considered void by the Department. It is further made clear, in such eventuality, if the appellant seeks restoration of these appeals by filing , 2005 & 2004/M/2019 3 Deepak Enterprises miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

4.

In the result, the appeals are dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 13/01/2021.

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