ASIAN BOILER ENGINEERS P.LTD,MUMBAI vs. ITO WD 6(1)(3), MUMBAI

PDF · subscribers
ITA 3546/MUM/2019Status: DisposedITAT Mumbai18 December 2020AY 2012-133 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 2020' and filed the necessary application. Therefore, keeping the appeal pending would serve no purpose.

What were the facts?

The assessee filed an appeal against an order passed under sections 271(1)(c) and 250 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Whether the appeal should be dismissed as withdrawn given the assessee's decision to opt for the 'Vivad se Vishwas Scheme 2020'.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250,Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI PROMOD KUMAR & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Rajeev Harit, CIT- DR
Hearing: 16/12/2020Pronounced: 18/12/2020

सुनवाई क� तार�ख / Date of Hearing 16/12/2020 घोषणा क� तार�ख /Date of Pronouncement 18/12/2020 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) -12, Mumbai, passed u/s. 271(1)(c) and 250 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 tax litigation by opting for ‘Vivad se Vishwas Scheme

Asian Boiler Engineers Pvt Ltd., Mumbai. - 2 - 2020’(VSVS2020). The Ld.AR further submitted that the assessee has filed an application in Form No. 1 & 2 under VSVS 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 ‘Vivaad 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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 18.12.2020

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →