TRIVENI BUILDCON,MUMBAI vs. DCIT CC-7(3), MUMBAI

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ITA 4206/MUM/2019Status: DisposedITAT Mumbai30 December 2020AY 2013-144 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 had filed the necessary application. Therefore, it was deemed purposeless to keep the appeal pending.

What were the facts?

The assessee filed an appeal against an order passed under section 143(3) read with section 147 of the Income Tax Act. 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 kept pending when the assessee intends to settle the litigation under the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI PAVAN KUMAR GADALE & SHRI MANOJ KUMAR AGGARWAL

For Respondent: Shri T.S. Khalsa, DR
Pronounced: 30/12/2020

30/12/2020 सुनवाई क� तार�ख / Date of Hearing घोषणा क� तार�ख /Date of Pronouncement 30/12/2020 आदेश / O R D E R

PER PAVAN KUMAR GADALE - JM:

1.

The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals) -49, Mumbai, passed u/s. 143(3) r.w.s 147 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 /Mum/2029 M/s. Triveni Buildcon, Mumbai. - 2 - tax litigation by opting for ‘Vivad se Vishwas Scheme 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 ‘Vivad 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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 30.12.2020

Sd/- Sd/- (PAVAN KUMAR GADALE ) (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 30/12/2020 KRK, PS /Mum/2029 M/s. Triveni Buildcon, Mumbai. - 3 - आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / The CIT(A) 4. आयकर आयु�त(अपील) / Concerned CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Mumbai 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// 1. उप/सहायक पंजीकार ( Asst. Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Mumbai /Mum/2029 M/s. Triveni Buildcon, Mumbai. - 4 -

Initial Date 1. Draft dictated on 30.12.2020 PS 2. Draft placed before author 30.12.2020 PS

3. Draft proposed & placed PS before the second member 4. Draft discussed/approved by PS Second Member. 5. Approved Draft comes to the PS Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed 2. Other Member… on which the

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