RAKESHKUMAR WADHAWAN,MUMBAI vs. ACIT- CC 5(4), MUMBAI

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ITA 5847/MUM/2018Status: DisposedITAT Mumbai18 January 2021AY 2011-124 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. Following the precedent of the Madras High Court, the appeal was dismissed with liberty to restore it if the scheme declaration is not accepted.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed a declaration under the Vivad se Vishwas Scheme to settle the dispute.

What were the issues?

Whether the appeal should be dismissed in light of the assessee opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Vivad se Vishwas Scheme Act 2020

AI-generated summary — verify with the full judgment below

Before: SHRI RAJESH KUMAR, AM & SHRI PAVAN KUMAR GADALE, JM Shri Rakeshkumar Wadhawan

For Respondent: Shri Sajit V. Nair
Hearing: 18/01/2021Pronounced: 18/01/2021

आदेश / O R D E R

PER RAJESH KUMAR, ACCOUNTANT MEMBER:

1.

This is an appeal filed by the assessee against the order dated 11/07/2018 passed by the Commissioner of Income Tax (Appeals)-53 Mumbai [hereinafter referred to as the “CIT(A)”] and pertains to A.Y.2011-12.

2.

At the outset, assessee had filed application online submitting that he had already filed a declaration under ‘Vivad se Vishwas Scheme to settle the disputes arising out of this appeal. This is considered as a statement made from the Bar.

3.

We have heard rival submissions and perused the materials available on record. Since, the assessee had already filed an application under direct tax “Vivad Se Viswas Scheme Act 2020”, there is no need to keep this appeal pending before us in view of the decision of Hon'ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020, wherein the Hon‟ble High Court after considering the intention of the assessee to avail the benefit of „Vivad se Vishwas Scheme-2020‟ (VSV scheme), had dismissed the appeal by observing in Para 7 to 9 as under:- “7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders. 8. In the light of the above, we direct the appellant/ assessee to file the Form No.I on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form. 9. With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.”

4.

In the light of the view taken by Hon‟ble Madras High Court cited (supra), we also give liberty to the assessee to get the appeal restored in the event that the assessee does not succeed on the declaration filed by the assessee under direct tax “Vivad Se Viswas Scheme-2020”. In other words, if the assessee‟s declaration filed is not accepted by the Revenue for any reason whatsoever, the assessee can make a prayer before the Bench for recalling of the order by filing a miscellaneous application for restoration of appeal. The Registry will place such petition before the Bench concerned.

5.

In view of the aforesaid observations, we dismiss the appeal with a liberty to get it recalled in the eventuality of assessee‟s declaration not getting accepted by the Revenue. 6. In the result, the appeal of the assessee is dismissed.

Order pronounced in Open Court on 18/01/2021 by way of proper mentioning in the notice board.

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