ITO-27(1)(5), MUMBAI vs. SHRI JATIN DALICHAND GOSALIA HUF, MUMBAI

PDF · subscribers
ITA 3790/MUM/2019Status: DisposedITAT Mumbai30 December 2020AY 2010-113 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The tribunal noted that the assessees were opting for the Vivad Se Vishwas Scheme. The Revenue had no objection to this. Therefore, the appeals filed by the Revenue were rendered infructuous.

What were the facts?

The Revenue filed two appeals against the orders of the CIT(A) for assessment year 2010-11. The assessees informed the tribunal that they were opting for the 'Vivad Se Vishwas Scheme, 2020' to settle the appeals.

What were the issues?

Whether the appeals filed by the Revenue should be dismissed as infructuous due to the assessees 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 Sushil Mishra

आदेश/ ORDER

1.

These two appeals by the Revenue in the case of two assessees are directed against the orders of Commissioner of Income Tax (Appeals)-26, Mumbai ( in short ‘the CIT(A)’) for the assessment year 2010-11. Both the impugned orders are dated 27/03/2017.

2.

A letter dated 29/12/2020 has been filed on behalf of the assessees intimating that the assessees are opting for ‘Viwad Se Vishwas Scheme, 2020’ ( in short ‘VSVS’) in both the appeals. The relevant extract of the letter reads as under:-

“RE: Department’s Appeal in the case of Shri Jatin Gosalia HUF ITA: 3790/M/2019 and 3791/M/2019 Before the Hon.SMC Sir, The above Depaprtmental Appeals are fixed for hearing before the Hon.SMC on 30/12/2020. The appeals are for AY.2010-11. The assessee has filed to settle these appeals under the Kar Vivad Se Vishwas Tak Schme. In view of the above, we pray to your honours to kindly pass suitable orders and oblige. Thanking your Honours,

Truly Yours,

CA Kiran Mehta.”

3.

Shri Susheel Mishra, representing the Department submitted that the Revenue has no objection if the assessee want to settle the dispute under VSVS.

4.

In view of the fact that the assessee is opting for VSVS, the appeals by the Revenue have become infructuous and, hence, are dismissed as such.

5.

Liberty is granted to the Revenue to revive appeals in the event application filed by the assessee under VSVS fails to mature. It is further made clear that if the Revenue /appellant seeks to restore the appeals 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 appeals of Revenue are dismissed with 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 →