SHRI. RAJESH CHHAGANLAL PUNAMIYA,MUMBAI vs. ITO-18(3)(1), MUMBAI

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ITA 1805/MUM/2019Status: DisposedITAT Mumbai29 December 2020AY 2015-163 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 dismissed the appeal at this stage due to the assessee opting for the 'Vivad Se Vishwas Scheme'. Liberty was granted to revive the appeal if the scheme application fails.

What were the facts?

The assessee opted for the 'Vivad Se Vishwas Scheme, 2020' and filed an application under it. The department had no objection to the assessee availing the benefit of the scheme.

What were the issues?

The primary issue was the impact of the assessee opting for the 'Vivad Se Vishwas Scheme' on the pending appeal.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI VIKAS AWASTHY

Hearing: 29.12.2020Pronounced: 29.12.2020

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-29, Mumbai [in short ‘the CIT(A)’] dated 27.02.2019 for the Assessment year 2015-16. 2. The assessee has filed letter dated 22.12.2020 stating that the assessee has opted for ‘Viwad Se Vishwas Scheme, 2020’ (in short ‘VSVS’) and has already filed application under the said scheme. Shri Rajesh Chhaganlal Punamiya; AY 15-16

3.

Shri Sushil Mishra, representing the Department stated that the Department has no objection if the assessee wants to avail the benefit of ‘VSVS’.

4.

In view of the fact that the assessee has opted for VSVS and has filed application under the scheme, the appeal of the assessee is dismissed at this stage.

5.

Liberty is granted to the assessee to revive the 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 of the assessee is dismissed with the liberty aforesaid. Order pronounced in the open court on Tuesday, the 29th of December, 2020. (विकास अिस्थी/VIKAS AWASTHY) (न्याययक सदस्य / JUDICIAL MEMBER) मुंबई, ददिांक/ Mumbai, Dated: 29.12.2020 सुदीप सरकार, ि. यिजी सचिि/ Sudip Sarkar, Sr.PS Shri Rajesh Chhaganlal Punamiya; AY 15-16 आदेश की प्रतिललपप अग्रेपिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त(अपील) / The CIT(A) 4. आयकर आयुक्त / CIT 5. विभागीय प्रयतयिचर्, आयकर अपीलीय अचर्करण, मुंबई / DR, ITAT, Mumbai 6. गार्ा फाईल / Guard file. आदेशान सार/ BY ORDER, सत्यावपत प्रयत //// उप/सहायक पुंजीकार (Asstt.

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