M/S S K TRADERS,MUMBAI vs. CIT (A)-30, MUMBAI, MUMBAI

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ITA 2627/MUM/2019Status: DisposedITAT Mumbai26 November 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 permitted the assessee to withdraw the appeals as they intended to settle the dispute under the Vivad Se Vishwas Act. Liberty was granted to seek restoration if the declaration under the scheme was not accepted.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) for assessment years 2010-11, 2011-12, and 2012-13. The assessee sought to withdraw these appeals to settle the dispute under the Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was whether the assessee should be allowed to withdraw the appeals to pursue settlement under the Vivad Se Vishwas Act, with provisions for restoration if the settlement failed.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Respondent: Shri Sanjay J. Sethi

Captioned appeals have been filed by the same assessee challenging the order dated 11.5.2018, passed by the learned Commissioner of Income Tax (Appeals), Mumbai, for the assessment years 2010–11, 2011–12 and 2012–13.

2.

When the appeals were called for hearing, no one was present on behalf of the assessee to represent the case. However, the assessee

2 M/s. S.K. Traders has filed a letter dated nil received by the Registry on 25th November 2020, wherein, the assessee has sought permission to withdraw the appeals as it would be settling the dispute under the Vivad Se Vishwas Act, 2020.

3.

The learned Departmental Representative has no objection for withdrawal of the appeals by the assessee.

4.

Heard the learned Departmental Representative and perused material on record. Considering the fact that the assessee has sought withdrawal of the present appeals as he wants to settle the dispute under Vivad Se Vishwas Act, 2020, I permit the assessee to withdraw the appeals at this stage. However, liberty is granted to the assessee to seek restoration of these appeals in the event the declaration filed under Vivad Se Vishwas Tax Scheme is not accepted by the Department. It is further made clear, in such eventuality if the assessee seeks restoration of the present appeals by filing miscellaneous application, the delay, if any, should be condoned without insisting upon filing any application for condonation of delay. This is in view of the decision of the Hon’ble Madras High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020. With the aforesaid observations, the appeals are dismissed as withdrawn.

3 M/s. S.K. Traders

5.

In the result, appeals are dismissed with aforementioned liberty. Order pronounced in the open court on 26.11.2020.

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