VAIBHAV JAIKUMAR RAMPURIA.,MUMBAI vs. CIT (A)- 10, MUMBAI

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ITA 6414/MUM/2019Status: DisposedITAT Mumbai09 June 2021AY 2014-152 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The Tribunal dismissed the appeal as withdrawn, acknowledging the settlement under the Vivad se Vishwas scheme. The assessee was granted liberty to seek restoration if the settlement failed.

What were the facts?

The assessee filed an appeal before the ITAT. Subsequently, the assessee filed an application under the Direct Tax Vivad se Vishwas Act, 2020 to settle the matter. A certificate was received from the designated authority.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad se Vishwas Act.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 5

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “F” MUMBAI

Before: SHRI RAJESH KUMAR & SHRI RAVISH SOOD

For Respondent: Ms. Usha Gaikwad, D.R
Hearing: 09/06/2021Pronounced: 09/06/2021

ORDER PER RAVISH SOOD, J.M: The present appeal filed by the assessee is directed against the order passed by the CIT(A)-21, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 143(3) of the Income-tax Act, 1961, dated 23.12.2016 for assessment year 2014-15.

2.

The assessee has filed a letter, wherein it is stated that he had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal and has received the certificate under sub-section (1) of Sec. 5 of Direct Tax Vivad se Vishwas Act, 2020 from the designated authority. In support of his aforesaid claim the assessee had enclosed alongwith its letter ‘Form 3’ issued by the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal may be allowed to be withdrawn.

3.

The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

4.

In view of the above, we dismiss the appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the assessee shall have liberty to approach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

2 Vaibhav Kumar Rampuria Vs. CIT Appeal-10

5.

Resultantly, the appeal is dismissed as withdrawn subject to the observation recorded hereinabove. Order pronounced in the open court on 09/06/2021.

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