BANDAR PROPERTIES,MUMBAI vs. DCIT- CC-8(1), MUMBAI

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ITA 4127/MUM/2017Status: DisposedITAT Mumbai07 January 2021AY 2010-113 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 Vishwas Scheme 2020' and had filed the necessary application. Therefore, keeping the appeals pending would serve no purpose.

What were the facts?

The assessee filed three appeals against orders passed by the CIT(A). During the hearing, the assessee expressed an intention to settle the tax litigation by opting for the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether the appeals should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme 2020'.

Which sections of the Income-tax Act were involved?

Section 153C,Section 143(3),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI M. BALAGANESH & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Oommen Tharian, DR
Hearing: 05/01/2021Pronounced: 06/01/2021

सुनवाई क� तार�ख / Date of Hearing 05/01/2021 घोषणा क� तार�ख /Date of Pronouncement 06/01/2021 आदेश / O R D E R PER BENCH: The assessee has filed the three appeals against the separate orders of the Commissioner of Income Tax (Appeals) - 50, Mumbai, passed u/s. 153C r.w.s 143(3) and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the Ld. AR of the assessee submitted that the assessee is intended to settle the tax litigation by opting for ‘Vivad se Vishwas Scheme , 4128 & 4129 /Mum/2017 M/s. Bandra Properties, Mumbai. - 2 - 2020’(VSVS2020) and filed an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the rival contentions and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed a letter dated 04.01.2021 mentioning that the assessee has applied under VSVS 2020 and received Form-3 from the Income Tax Department. We are of the view that, no purpose will be served in keeping the appeals pending. Accordingly, we dismiss the appeals of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.

4.

In the result, all the three appeals filed by the assessee are dismissed.

Order pronounced in the open court on 06.01.2021

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