DROP CLOTHING CO,MUMBAI vs. ACIT 31(1), MUMBAI

PDF · subscribers
ITA 7410/MUM/2016Status: DisposedITAT Mumbai02 December 2020AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the assessee intended to use the 'Vivad se Vishwas Scheme'. Since the appeal would serve no purpose if kept pending, the Tribunal dismissed the appeal as withdrawn.

What were the facts?

The assessee filed an appeal against an order passed under section 143(3). During the hearing, the assessee expressed an intention to settle the litigation through the 'Vivad se Vishwas Scheme 2020'. The revenue had no objections.

What were the issues?

The primary issue was whether the appeal should continue when the assessee intended to settle the dispute under a specific scheme. The Tribunal considered the implications of the 'Vivad se Vishwas Scheme' on the pending appeal.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 254(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “D” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Sunil Deshpande, DR
Hearing: 02/12/2020Pronounced: 02/12/2020

सुनवाई क� तार�ख / Date of Hearing 02/12/2020 घोषणा क� तार�ख /Date of Pronouncement 02/12/2020 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) -42, Mumbai, passed u/s. 143(3) 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 Drop Clothing Co, Mumbai. - 2 - tax litigation by opting for ‘Vivad se Vishwas Scheme 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 ‘Vivad se Vishwas Scheme 2020’ and the assessee would be moving an application for the scheme as envisaged by the Ld. AR. We are of the view that, the 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 Accordingly, we dismiss the appeal of the assessee as withdrawn and the assessee is given liberty to move an application u/s 254(2) of the Act to recall the present order in accordance with the provisions of law.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 02.12.2020

Recent GST High Court judgments

Search GST case law →