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

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ITA 3218/MUM/2019Status: DisposedITAT Mumbai13 January 2021AY 2012-133 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 noted that the assessee had filed an application under the Vivad se Vishwas Scheme. Following a precedent from the Madras High Court, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT. During the pendency of the appeal, the assessee filed an application under the Vivad se Vishwas Scheme, indicating that the matter was under process for disposal.

What were the issues?

Whether an appeal pending before the ITAT should be dismissed as withdrawn when the assessee has opted for the Vivad se Vishwas Scheme.

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, “B” BENCH, MUMBAI

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

For Appellant: Shri Tharian Oommen,CIT-DR
Hearing: 13.01.2021Pronounced: 13.01.2021

This appeal by assessee is arising out of the order of Commissioner of Income Tax (Appeals)-24, Mumbai [in short CIT(A)] in Appeal No. CIT (A)- 24/ACIT-15(2)(1)/IT-431(1)/2017-18 vide order dated 01.02.2019. The assessment was framed by Assistant Commissioner of Income Tax, Mumbai (in short ACIT/ITO/AO) under section 143(3) read with section 147 of the Income- Tax Act, 1961 (hereinafter ‘the Act’) for the Assessment Year 2012-13 vide his order dated 27.12.2017.

2.

At the outset, the ld. counsel for the assessee, Ms. Hetal Vora filed an adjournment petition stating that the assessee has filed Form No. 1 & 2 before the designated authority under Vivad se Vishwas Scheme and qua this assessee as under:

Under instructions from our clients, we wish to submit that the company has filed Form 1 and Form 2 under the ‘Vivad se Vishwas’ scheme on December 22,, 2020 which is under process for disposal.

3.

When these facts were confronted to ld. CIT-DR, he stated that the Tribunal can take decision.

4.

In view of the above, after hearing both the sides and going through the facts, we dismiss this appeal as withdrawn, subject to assessee’s right for revival of the appeal in case due to some unforeseen reasons, the matter is not settled under the Vivad se Vishwas scheme. The assessee is at liberty to approach the Tribunal for restoration of his appeal in that event. This issue is settled by Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) vs. ACIT (TCA No. 372 of 2920, order dated 16.10.2020) wherein on identical circumstances, the assessee’s appeal was dismissed as withdrawn. Respectfully following the Hon’ble Madrash High Court in the case of M/s Nannusamy Mohan (HUF) vs. ACIT (supra), we dismissed the appeal of the assessee as withdrawn.

5.

In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 13.01.2021

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