HOTEL BALWAS PVT. LTD,MUMBAI vs. DCIT-5(1)(2), MUMBAI

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ITA 77/MUM/2019Status: DisposedITAT Mumbai16 December 2020AY 2013-143 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, allowing the assessee to opt for the 'Viwad Se Vishwas Scheme'. Liberty was granted to restore the appeal if the scheme application fails.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. The assessee subsequently informed the tribunal that they intended to opt for the 'Viwad Se Vishwas Scheme, 2020'. The revenue had no objection to this.

What were the issues?

The primary issue was the assessee's intention to opt for the 'Viwad Se Vishwas Scheme' and its impact on the pending appeal.

AI-generated summary — verify with the full judgment below

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

Before: SHRI SHAMIM YAHYA & SHRI VIKAS AWASTHY

For Appellant: Shri Chetan Kaka
For Respondent: Shri Gurbinder Singh

आदेश/ ORDER

1.

This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-10, Mumbai ( in short ‘the CIT(A)’) dated 30/10/2018 for the assessment year 2013-14.

2.

The assessee has filed an application dated 16/12/2020 intimating that the assessee is contemplating to opt for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’).

3.

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

4.

Heard. In view of the fact that the assessee is opting for VSVS the appeal of assessee is dismissed at this stage.

5.

Liberty is granted to the assessee to restore 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 assessee is dismissed at this stage with the liberty aforesaid.

Order pronounced in the open Court on Wednesday the 16th day of December, 2020.

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