ASHWIN KUMAR N SHETH,MUMBAI vs. DCIT CEN CIR 4(2), MUMBAI

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ITA 4884/MUM/2018Status: DisposedITAT Mumbai01 January 2021AY 2008-093 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' and filed the necessary application. Therefore, keeping the appeals pending would serve no purpose.

What were the facts?

The assessee filed four appeals against orders passed under section 271(1)(c) of the Income Tax Act. During the hearing, the assessee expressed an intention to settle the 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Whether the appeals should be dismissed as withdrawn due to the assessee opting for the 'Vivad se Vishwas Scheme'.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI PRAMOD KUMAR & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Brajendra Kumar, DR
Hearing: 01/01/2021Pronounced: 01/01/2021

सुनवाई क� तार�ख / Date of Hearing 01/01/2021 घोषणा क� तार�ख /Date of Pronouncement 01/01/2021 आदेश / O R D E R PER BENCH: The assessee has filed these four appeals against the separate orders of Commissioner of Income Tax (Appeals) - 52, Mumbai, passed u/s. 271(1)(c) 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 2020’(VSVS2020) and filed an application in Form to 4887 /Mum/2018 Ashwin Kumar N Sheth, Mumbai. - 2 - 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 application as envisaged by the Ld.AR. 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 Accordingly, we dismiss the appeals of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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 four appeals filed by the assessee are dismissed.

Order pronounced in the open court on 01.01.2021

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