NEVILLE H MEHTA,MUMBAI vs. ASST CIT 16(1), MUMBAI

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ITA 1429/MUM/2015Status: DisposedITAT Mumbai12 November 2020AY 2008-093 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The Tribunal dismissed the appeal as withdrawn, subject to the condition that the assessee can seek restoration if the matter is not resolved under the Vivad se Vishwas scheme.

What were the facts?

The Assessing Officer appealed against an order passed by the CIT(A) for the assessment year 2008-09. The assessee had filed a declaration under the Direct Tax Vivad se Vishwas Act, 2020, and was awaiting resolution of the matter under the scheme.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to the assessee opting for the Vivad se Vishwas scheme, with provisions for revival.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

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

ORDER Per Pramod Kumar, VP: 1. By way of this appeal, the Assessing Officer has challenged correctness of the order dated 15.12.2014 passed by the learned CIT(A)-30, Mumbai in the matter of assessment u/s.143(3) r.w.s. 263 of the Income Tax Act, 1961, for the assessment year 2008-09.

2.

When this appeal was called out for hearing, the ld. Counsel of the assessee submitted that he has filed the necessary declaration under Direct Tax Vivad se Vishwas Act, 2020 (Act 3 of 2020) and is awaiting for final resolution of the matter under the said scheme. He

Assessment Year: 2008-09 Page 2 of 3 submitted that upon completion of the necessary formalities, he will withdraw the appeal. In response to the suggestion from the Bench, he fairly accepted that he has no objection to the appeal being dismissed as withdrawn as long as his right for revival of the appeal are protected, in the event of, for some unforeseen reason, the matter being not settled under the Vivad se Vishwas scheme.

3.

The ld. DR also did not object to course so suggested.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to be rider that in the unlikely event of matter not being resolved under the Vivad se Vishwas scheme, the assessee shall have liberty to approach the Tribunal for restoration of his appeal.

5.

In the result, the appeal is dismissed as withdrawn – subject to the observation above. Pronounced in the open court today on the 12th November, 2020.

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