SHRI KIRAN K PATEL,MUMBAI vs. ACIT, WARD - 25(1), MUMBAI

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ITA 3486/MUM/2019Status: DisposedITAT Mumbai12 January 2021AY 2011-123 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The Tribunal treated the appeal as dismissed and withdrawn, granting liberty to the assessee to have it restored if the Vivad Se Vishwas declaration is later declared bad in law.

What were the facts?

The assessee filed an appeal against a penalty order under section 271(1)(c). Subsequently, the assessee filed an application under the Vivad Se Vishwas Scheme, 2020, to settle the tax dispute.

What were the issues?

The primary issue was the impact of the assessee's participation in the Vivad Se Vishwas Scheme on the pending appeal before the Tribunal.

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, VIRTUAL COURT

Before: SHRI M.BALAGANESH, AM & SHRI PAVAN KUMAR GADALE, JM Shri Kiran K.Patel

For Appellant: Ms. Dinkle Haria, AR
For Respondent: Shri Gurbinder Singh, DR
Hearing: 12/01/2021Pronounced: 12/01/2021

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-44, Mumbai in appeal No.CIT(A)-44/ACIT-32(2)/IT-368/14-15 dated 14/03/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

2.

We find that the ld. AR filed a letter dated 11/01/2021 mentioning that assessee had preferred an application under direct tax “Vivad Se Viswas Scheme 2020” to settle this tax dispute for the year under consideration and had obtained Form-3 from the designated authority thereon, copy of which was enclosed alongwith this letter.

3.

In view of this, we hereby treat the appeal pending before us as dismissed and withdrawn with a liberty given to the assessee to get the appeal restored in the event that assessee’s declaration made under “Vivad Se Viswas Scheme 2020” is declared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

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

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