SHRI. BIPIN TALAKHSHI SHAH,MUMBAI vs. ITO 20 (1)(3), MUMBAI

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ITA 160/MUM/2020Status: DisposedITAT Mumbai06 January 2021AY 2009-103 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 requested to withdraw the appeal. Consequently, the Tribunal dismissed the appeal as withdrawn.

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'.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas Scheme 2020.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 143(3),Section 147,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 Tarian, (DR)
Pronounced: 07/01/2021

07/01/2021 सुनवाई क� तार�ख / Date of Hearing घोषणा क� तार�ख /Date of Pronouncement 07/01/2021 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) - 32, Mumbai, passed u/s. 143(3) r.w.s 147 and 250 of the Income Tax Act, 1961.

2.

At the time hearing, the assessee filed a letter dated 23-12-2020 that the assessee is intended to settle the tax litigation by opting for ‘Vivad se

Shri Bipin Talakhshi, Mumbai. - 2 - Vishwas Scheme 2020’(VSVS2020) and filing an application in Form No. 1 & 2 under VSVS Rules 2020. Contra, the Ld. DR has no objections.

3.

We heard the Ld.DR and perused the material on record. Since the assessee has opted for ‘Vivaad se Vishwas Scheme 2020’ and has filed a letter dated 23.12.2020 mentioning that the assessee has opted for VSVS 2020 scheme and permission to withdraw the appeal. 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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 07.01.2021

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