DCIT CC-6(1), MUMBAI vs. ASHAR REALATORS, MUMBAI

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ITA 1710/MUM/2018Status: DisposedITAT Mumbai23 December 2020AY 2009-102 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal rejected the adjournment request and dismissed the Revenue's appeals. This was done in view of a High Court decision, with liberty for the Revenue to seek recall if the assessee fails under the Vivad Se Vishwas Scheme.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order for multiple assessment years concerning two assessee entities. The assessee sought an adjournment as they had opted for the Vivad Se Vishwas Scheme.

What were the issues?

The primary issue was whether the appeals should be adjourned due to the assessee opting for the Vivad Se Vishwas Scheme. The Tribunal's decision also implicitly addresses the merits of the appeals by dismissing them based on precedent.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A”, BENCH MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Rahul Hakani, AR
For Respondent: Shri Rajeev Harit, DR
Hearing: 22/12/2020Pronounced: 23/12/2020

आदेश / O R D E R PER RAJESH KUMAR, Accountant Member:

1.

These four appeals filed by the revenue are directed against common order of the Ld. Commissioner of Income Tax (Appeals)- 54, Mumbai, dated 18/12/2017 for the Asst. Years 2008-09,2009-10

2 M/s.Ashar Realtors & 1719,1721/Mum/2018 M/s. Ashar Realty Pvt.Ltd. & 2010-11. Since, facts are identical and issues are common, for the sake of convenience, these appeals were heard together and are disposed-off by this consolidated order.

2.

At the outset, the Ld. Counsel of the assessee submitted that the assessee has gone into for Vivad Se Viswas Scheme 2020, therefore, the case may kindly be adjourned.

3.

Since the assessee has gone into for Vivad Se Vishvas Scheme 2020, the adjournment application by the assessee is rejected. We are inclined to dismiss the appeals of the Revenue in view of the decision of the Hon’ble Madras High Court Nannusamy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to Revenue to get these appeals recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeals of the Revenue are dismissed. Order pronounced in the open court on this 23/12/2020

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