SHAILAJA NANDKUMAR EKLAHARE,MUMBAI vs. ITO 21 (3)(3), MUMBAI

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ITA 2052/MUM/2019Status: DisposedITAT Mumbai11 January 2021AY 2010-113 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the Vivad Se Vishwas Act provides a mechanism for resolving tax disputes. Considering the assessee's participation in the scheme, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal before the ITAT for assessment year 2010-11. The assessee subsequently filed declarations under the Direct Tax Vivad Se Vishwas Act, 2020, and received a certificate accepting the application.

What were the issues?

Whether an appeal pending before the ITAT should be dismissed as withdrawn when the assessee opts for the Vivad Se Vishwas scheme.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, MUMBAI BENCH “SMC” MUMBAI

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

For Appellant: Mr. Nitin Joshi, AR
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 2010-11. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-60, 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 Ld. counsel for the appellant submits that the assessee has filed Form 1 and Form 2 under “Direct Tax Vivad Se Vishwas Act, 2020” (in short ‘VSV Act’) and the designated authority has issued a Certificate No. 883119050241220 dated 24.12.2020 in Form 3 accepting the application.

Thus it is stated that the appellant is required to withdraw the aforementioned appeal before the final order in Form 5 is issued by the designated authority.

The Ld. DR has no objection to the above.

3.

We have heard the rival submissions 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 submissions of the Ld. counsels appearing for the parties 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.

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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