ANANDA FILM & TELECOMMUNICATION P. LTD,MUMBAI vs. ASST CIT CIR 16(1), MUMBAI

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ITA 3118/MUM/2019Status: DisposedITAT Mumbai01 January 2021AY 2011-125 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal held that since the assessee intended to settle the tax litigation under the 'Vivad se Vishwas Scheme 2020', there was no purpose in keeping the appeals pending. Therefore, the appeals were dismissed as withdrawn.

What were the facts?

The assessee filed two appeals against orders passed under Section 271(1)(c) of the Income Tax Act. The appeals were filed with a delay, which was condoned by the tribunal. The assessee then opted to settle the tax litigation under the 'Vivad se Vishwas Scheme 2020'.

What were the issues?

Whether appeals should be kept pending when the assessee opts for a settlement scheme. The applicability and implications of the 'Vivad se Vishwas Scheme 2020' on pending appeals.

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 two appeals against the separate orders of Commissioner of Income Tax (Appeals) - 4, Mumbai, passed u/s. 271(1)(c) of the Income Tax Act, 1961. & 3119 /Mum/2019 - 2 - 2. At the time of hearing, the Ld. Counsel for the assessee submitted that there is a delay of 54 days in filing the appeals before the Hon’ble Tribunal and filed the affidavit for condonation of delay. We found the facts mentioned in the affidavit are reasonable and accordingly condone the delay and admit the appeals. Contra, Ld. DR has no specific objection.

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 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 the letter mentioning that the assessee intended to settle & 3119 /Mum/2019 - 3 - the tax litigation by opting for ‘Vivad se Vishwas Scheme 2020’ (VSVS 2020). We are of the view that, no purpose will be served in keeping the appeal 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, both the appeals filed by the assessee are dismissed.

Order pronounced in the open court on 01.01.2021

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