BASANTILAL VORILAL SURANA,MUMBAI vs. ITO 4(3)(2), MUMBAI

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ITA 7176/MUM/2018Status: DisposedITAT Mumbai11 January 2021AY 2007-083 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The tribunal allowed the appeal to be dismissed as withdrawn, in light of the assessee's application under the Vivad Se Vishwas Act. Liberty was granted to seek restoration if the declaration under the Act is deemed void.

What were the facts?

The assessee filed an appeal for assessment year 2007-08. The assessee subsequently received a Form 3 under the Direct Tax Vivad Se Vishwas Act, 2020, and requested the appeal be treated as withdrawn.

What were the issues?

Whether an appeal can be withdrawn by the assessee upon opting for the Vivad Se Vishwas scheme. The applicability of the Vivad Se Vishwas Act for dispute resolution.

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 C.N. PRASAD & SHRI N.K. PRADHAN

For Respondent: Ms. Smita Verma, DR
Hearing: 07/01/2021

ORDER PER N.K. PRADHAN, A.M. This is an appeal filed by the assessee. The relevant assessment year is 2007-08. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-9, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2.

The appellant files a letter received on 04.01.2021, stating that they have received Form 3 under “Direct Tax Vivad Se Vishwas Act, 2020” (in short ‘VSV Act’) and the above appeal may be treated as withdrawn. 2 Basantilal Vorilal Surana The Ld. Departmental Representative (DR) has no objection to the above.

3.

We have heard the Ld. DR and perused the relevant materials on record. 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 assessee for withdrawal of appeal 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 this appeal as withdrawn. However, liberty is granted to the assessee to seek the restoration of this appeal 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 assessee seeks restoration of this appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

3 Basantilal Vorilal Surana 4. In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 11/01/2021.

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