ITO 9(1)(1), MUMBAI vs. ABJ DEVELOPERS PVT. LTD., MUMBAI

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ITA 2716/MUM/2018Status: DisposedITAT Mumbai23 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 rejected the adjournment application and dismissed both the revenue's appeal and the assessee's cross-objections. This was done in light of a Madras High Court decision, with liberty to recall if the assessee did not succeed under the Vivad Se Vishwas Scheme.

What were the facts?

The appeal by the revenue and cross-objections by the assessee were filed against an order for AY 2009-10. The assessee sought an adjournment as they had opted for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was the pendency of the Vivad Se Vishwas Scheme and its impact on the ongoing appeal proceedings.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”, BENCH MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH&

For Appellant: Shri Sachin Romani, AR
For Respondent: Shri Brajendra Kumar, DR
Hearing: 22/12/2020Pronounced: 23/12/2020

6075/Mum/2019 Co.No.171/Mum/2019 M/s. ABJ Developers Pvt.Ltd. आदेश / O R D E R

PER RAJESH KUMAR, Accountant Member:

1.

This appeal filed by the revenue and cross objections filed by the assessee are directed against order of the Ld. Commissioner of Income tax (Appeals)-16 Mumbai, dated 02/03/2016 for the Asst.Year 2009-10. Since, facts are identical and issues are common for the sake of convenience, the appeal filed by the revenue and cross objection filed by the assessee are heard together and are disposed-off by this consolidated order.

2.

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

3.

Since the assessee has gone into for Vivad Se Vishvas Scheme 2020, the adjournment application by the assessee is rejected. Besides, we are inclined to dismiss the appeal of the assessee in view of the decision of the Hon’ble Madras High Court Nannu Samy 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. Similarly, the Revenue appeal and cross objections of the assessee are also dismissed. Order pronounced in the open court on this 23/12/2020

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