M/S SAI DEVELOPERS,MUMBAI vs. ACIT, WARD - 25(2), MUMBAI

PDF · subscribers
ITA 3487/MUM/2019Status: DisposedITAT Mumbai30 December 2020AY 2011-123 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 is opting for the 'Vivad Se Vishwas Scheme' and the Revenue has no objection. Therefore, the appeal is dismissed at this stage.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2011-12. The assessee subsequently submitted a letter intimating their option to opt for the 'Vivad Se Vishwas Scheme, 2020'.

What were the issues?

The primary issue was whether the appeal should be dismissed due to the assessee opting for the Vivad Se Vishwas Scheme.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SHRI VIKAS AWASTHY

For Respondent: Shri Sanjay Sethi

आदेश/ ORDER

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-44, Mumbai ( in short ‘the CIT(A)’) dated 14/03/2019 for the assessment year 2011-12.

2.

A letter dated 28/12/2020 has been submitted on behalf of the assessee intimating that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).

3.

Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee is opting for VSVS.

4.

In view of the fact the assessee is opting for VSVS the appeal of assessee is dismissed at this stage.

5.

Liberty is granted to the assessee to revive appeal in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the assessee /appellant seeks to restore the appeal in the event assessee’s declaration made under VSVS is not accepted, the Registry shall not insist for filing of application for condonation of delay, if the Miscellaneous Application for recalling the order is filed beyond time on account of delay in communication of outcome under VSVS. [ Re. M/s. Nannusamy Mohan(HUF) vs. ACIT in T.C.A No.372 of 2020 decided on 16/10/2020 by Hon’ble Madras High Court]

6.

The appeal is dismissed with the liberty aforesaid.

Order pronounced in the open court on Wednesday the 30th day of December, 2020.

Recent GST High Court judgments

Search GST case law →