ACIT 27(3), MUMBAI vs. SHRI RAJANIKANT N SHAH (LEGAL HEIR:SMT KOKILA R SHAH), MUMBAI

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ITA 3967/MUM/2018Status: DisposedITAT Mumbai24 December 2020AY 2009-103 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The Tribunal dismissed the appeal as withdrawn, subject to the assessee's right to revival if the matter is not settled under the Vivad se Vishwas scheme. The cross-objection filed by the assessee was also dismissed as withdrawn for want of prosecution.

What were the facts?

The Assessing Officer appealed an order from the CIT(A) for assessment year 2009-10. The assessee, represented by their counsel, stated they had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and intended to withdraw the appeal upon completion of formalities.

What were the issues?

The primary issue was the assessee's intention to settle the dispute under the Vivad se Vishwas Act, leading to the withdrawal of the appeal and cross-objection.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI ‘D’ BENCH, MUMBAI

Heard together (3 matters)

ITA No. 1429/Mum/2015
C.O 76/Mum/2020
ITA 3967/Mum/2018

Read from the judgment's own cause title. This page is filed under one of them.

ORDER Per Bench: 1. By way of this appeal, the Assessing Officer has challenged correctness of the order dated 07.03.2018 passed by the learned CIT(A)-25, Mumbai in the matter of assessment u/s.143(3)/147of the Income Tax Act, 1961, for the assessment 2009-10.

2.

When this appeal was called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal are protected, in the event of, for some unforeseen reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

5.

In the present, appeal is dismissed.

CO No. 76/Mum/2020 6. By way of this cross objection, the assessee appellant has challenged correction of learned CIT(A)’s order dated 05.06.2018, in the matter of assessment under section 143(3) r.w.s. 147 of the Income Tax Act 1961 for the assessment year 2009-10.

7.

When the cross objection was taken up for the hearing learned counsel for the assessee Shri Malav Sheth , submitted that the delay in filing of the appeals may kindly be condoned as the assessee is opting for settlement of this pending dispute under Vivad Se Assessment Year: 2008-09 Page 3 of 3 Vishwas scheme 2020. He further, submits that in any case the delay in filling of appeal is reasonably explained and he has filed detailed explanation with respect to delay which deserves to be accepted on merits as well. Shri Malav Sheth , further submitted that as the assessee is opting for the settlement of pending dispute as such, and the assessee does not therefore, wish to persue the appeal. The appeals may kindly be dismissed.

8.

Shri. Bharat Andhale, Departmental Representative does not object to the prayer made by the assessee. He submits that given the fact that the assessee is opting for settlement of dispute under Vivad Se Vishwas scheme 2020, he has no objection to the condonation of the delay.

9.

In view of the above discussions and bearing in mind the entirety of the matter, we deem it fit and proper to condone the delay in filing of appeal and admit the same for adjudication on merits. However, as the assessee is opting for resolution of the dispute under Vivad Se Vishwas scheme 2020, no such adjudication on merit is warranted anyway.

10.

In the result, dismissed as withdrawn for want of prosecution. To sum up the appeal of the Revenue and CO filed by the assessee are dismissed in the terms indicated above. Pronounced in the open court today on the 24th day of December, 2020

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