RAM TULSIDAS JAGWANI,CBD BELAPUR vs. ADDLLE. CIT-TDS RANGE, THANE

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ITA 1770/MUM/2019Status: DisposedITAT Mumbai14 December 2020AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided to dismiss the appeals, following a High Court decision regarding the VSVS scheme. The assessee was granted liberty to recall the appeals if they did not succeed under the VSVS scheme.

What were the facts?

The assessee preferred appeals against the confirmation of penalty imposed by the AO. The assessee intended to opt for the Vishwas Se Vivad Scheme (VSVS) 2020.

What were the issues?

The primary issue was how to deal with the pending appeals when the assessee opted for the Vishwas Se Vivad Scheme.

Which sections of the Income-tax Act were involved?

Section 272A(2)(k),Section 274,Section 200(3)

AI-generated summary — verify with the full judgment below

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

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Apurva Hire, A.R
For Respondent: Shri Manpreet Singh Duggal, D.R
Hearing: 09.11.2020Pronounced: 14.12.2020

Per Rajesh Kumar, Accountant Member:

1.

2 & ITA No.1771/M/2019 Ram Tulsidas Jagwani The above titled appeals have been preferred by the assessee against the order dated 17.01.2019 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment years 2009-10 & 2010-11.

2.

Both these appeals have been preferred by the assessee against the confirmation of penalty as imposed by the AO under section 272A(2)(k)/274 read with section 200(3) of the Act.

3.

At the outset, the Counsel of the assessee submitted that the assessee is going in for Vishwas Se Vivad Scheme (VSVS) 2020 and therefore leave this discretion to the Bench as to how to deal with these appeals.

4.

Since the assessee is going in for VSVS 2020 we are inclined to dismiss the appeals of the assessee in view of the decision of Hon’ble Madras High Court in the case of Nannu Samy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to assessee to get these appeals recalled in case assessee does not succeed in VSVS 2020. Accordingly, both these appeals are dismissed.

Order pronounced in the open court on 14.12.2020.

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