What did the Tribunal hold?

The tribunal rejected the adjournment application and dismissed the assessee's appeal. The assessee was granted liberty to recall the appeal if they did not succeed under the Vivad Se Vishwas Scheme.

The assessee preferred an appeal against the DRP's order for AY 2009-10. The assessee sought an adjournment to opt for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether an adjournment should be granted for the assessee to opt for the Vivad Se Vishwas Scheme.

Fairfield Atlas Ltd vs DCIT | ITAT Mumbai 2020

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

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Karan Mehta, A.R

For Respondent: Shri Sunil Deshpande, D.R

Hearing: 17.12.2020Pronounced: 23.12.2020

Per Rajesh Kumar, Accountant Member:

The present appeal has been preferred by the assessee against the order dated 02.12.2013 of the Dispute Resolution Panel [hereinafter referred to as the DRP] relevant to assessment year 2009-10.

At the outset, the Ld. Counsel of the assessee submitted that the assessee has gone into for Vivad Se Vishvas Scheme under 2020, therefore, the case may kindly be adjourned.

Since the assessee has gone into for Vivad Se Viswas Scheme 2020, the adjournment application by the assessee is rejected. Besides, we are inclined to dismiss the appeal of the 2 M/s. Fairfield Atlas Ltd. assessee in view of the decision of the Hon’ble Madras High Court Nannusamy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to assessee to get this appeal recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeal of the assessee is dismissed.

Order pronounced in the open court on 23.12.2020.

FAIRFIELD ATLAS LTD,MUMBAI vs. DCIT OSD 1, MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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