BALMOHAN VIDYA MANDIR TRUST,MUMBAI vs. ITO (E) 1(1), MUMBAI

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ITA 3671/MUM/2019Status: DisposedITAT Mumbai01 December 2020AY 2010-113 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 allowed the assessee to withdraw the appeals as the assessee had opted for the 'Vivad se Vishwas Scheme'. Liberty was granted to revive the appeals if the scheme application fails.

What were the facts?

The assessee trust filed two appeals against the orders of the CIT(A) for assessment years 2010-11 and 2011-12. The assessee opted for the 'Vivad se Vishwas Scheme, 2020' and filed the requisite application.

What were the issues?

Whether the assessee can withdraw appeals to avail the benefit of the 'Vivad se Vishwas Scheme' and if liberty can be granted to revive the appeals.

AI-generated summary — verify with the full judgment below

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

Before: SHRI VIKAS AWASTHY

For Appellant: Shri Anil Sathe
For Respondent: Shri Sanjay J. Sethi

आदेश/ ORDER

1.

These two appeals by the assessee are directed against the order of Commissioner of Income Tax (Appeals)-3, Mumbai ( in short ‘the CIT(A)’) for the assessment year 2010-11( dated 24/02/2019) and assessment year 2011-12 (dated 22/02/2019), respectively.

2 3672/MUM/2019 (A.Y.2010-11& 2011-12) 2. Shri Anil Sathe, appearing on behalf of the assessee submitted that the assessee is opting for ‘Viwad Se Vishwas Scheme, 2020’( in short ‘VSVS’) and has already filed requisite application in the prescribed form, therefore, these appeals may be dismissed as withdrawn at this stage. The liberty may be provided to the assessee to revive the appeals in case the matter fails to mature under ‘VSVS’.

3.

Shri Sanjay J. Sethi, representing the Department stated that the Department has no objection if the assessee want to withdraw the appeals to avail the benefit of ‘VSVS’.

4.

Heard. In view of the fact that assessee has made an application under VSVS the assessee is allowed to withdraw appeals at this stage. Thus, these appeals by the assessee are dismissed as withdrawn.

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 delayed 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 appeals of assessee are dismissed as withdrawn with the liberty aforesaid.

Order pronounced on Tuesday the 1st day of December, 2020.

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