M/S. KSL AND INDUSTRIES LTD.,MUMBAI vs. DCIT CENT. CIR. - 5(3), MUMBAI

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ITA 1369/MUM/2018Status: DisposedITAT Mumbai12 January 2021AY 2014-154 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 opted for the Vivad Se Viswas Scheme. Consequently, the appeals were treated as dismissed and withdrawn, with liberty to restore them if the scheme declaration is later declared bad in law.

What were the facts?

The assessee had filed appeals before the ITAT concerning assessment years 2013-14 and 2014-15. The assessee subsequently filed applications under the 'Vivad Se Viswas Scheme 2020' to settle these tax disputes.

What were the issues?

The primary issue was the settlement of tax disputes through the Vivad Se Viswas Scheme, leading to the withdrawal of pending appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM

For Respondent: Shri Sunil Kumar Jha, CIT-DR
Hearing: 12/01/2021Pronounced: 12/01/2021

Heard together (2 matters)

ITA Nos. 1369/Mum/2018
ITA Nos. 1344/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

आदेश / O R D E R PER BENCH : Year :2014-15) Year :2013-14) ITA No. 6304/Mum/2018 (Assessment Year :2015-16) ITA No.1259/Mum/2018 (Assessment Year :2014-15) ITA No.1257/Mum/2018 (Assessment Year :2013-14)

1.

These all appeals arise out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai dated 15/12/2017 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 23/03/2016, 26/12/2017 & 29/12/2016 respectively by the ld. Deputy Commissioner of Income, Central Circle-5(3) (hereinafter referred to as ld. AO). ITA No.235/Mum/2020(A.Y.2013-14) (A.Y.2014-15) These appeals in ITA Nos. 235/Mum/2020 & 236/Mum/2020 for A.Y.2013-14 & 2014-15 arise out of the order by the ld. Commissioner of Income Tax (Appeals)-53, Mumbai in appeal dated 25/10/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

M/s. KSL and Industries Ltd.

2.

We find that the ld. AR filed letters dated 28/10/2020 & 23/11/2020 mentioning that assessee had preferred applications under direct tax “Vivad Se Viswas Scheme 2020” to settle these tax disputes for the years under consideration and had obtained Form-3 from the designated authority thereon, copies of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeals pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeals restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared bad in law in future for any reason whatsoever.

4.

In the result, appeals of the assessee and revenue are dismissed.

Order pronounced in the open Court on 12/01/2021

Sd/- Sd/- (M.BALAGANESH) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 12/01/2021 KARUNA, sr.ps

M/s. KSL and Industries Ltd.

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