MR. NAZIM S. MANEKIA,MUMBAI vs. THE ITO 18(3)(3), MUMBAI

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ITA 226/MUM/2008Status: DisposedITAT Mumbai06 January 2021AY 2004-20053 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 appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order of 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'. The revenue had no objections.

What were the issues?

Whether the appeal should be kept pending when the assessee has opted for a settlement scheme. The procedural aspect of withdrawing the appeal due to opting for the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

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 PAVAN KUMAR GADALE: The assessee has filed the appeal against the order of the Commissioner of Income Tax (Appeals) - XXVIII, Mumbai, passed u/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 /Mum/2008 Mr. Nazim & Manekia. - 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 an application as envisaged by the Ld.AR. We are of the view that, no purpose will be served in keeping the appeal pending. Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 06.01.2021

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