What did the Tribunal hold?

The tribunal rejected the adjournment request and dismissed the appeal. The assessee was granted liberty to have the appeal recalled if they did not succeed under the Vivad Se Vishwas Scheme.

The assessee filed an appeal against the CIT(A) order for AY 2009-10. At the hearing, the assessee requested an adjournment as they had opted for the Vivad Se Vishwas Scheme, 2020.

What were the issues?

The primary issue was whether the appeal should be adjourned due to the assessee opting for the Vivad Se Vishwas Scheme.

Lalkar Securities P.Ltd vs DCIT | ITAT Mumbai 2020

Income Tax Appellate Tribunal, “A”, BENCH MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Aakash Kumar, AR

For Respondent: Shri Brajendra Kumar, DR

Hearing: 22/12/2020Pronounced: 23/12/2020

Date of Hearing 22/12/2020 Date of Pronouncement 23/12/2020 आदेश / O R D E R PER RAJESH KUMAR (A.M):

This appeal filed by the assessee is directed against, the order of the Ld. Commissioner of Income Tax (Appeals)–8, Mumbai, dated 19/10/2012 and pertains to Assessment Year 2009-10.

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

Since the assessee has gone into for Vivad Se Viswas Scheme 2020, the adjournment application by the assessee is rejected. Besides, we are inclined to dismiss the appeal of the assessee in view of the decision of the Hon’ble Madras High Court Nannusamy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the Lalkar Securities Pvt.Ltd. liberty to assessee to get this appeal recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeal is dismissed.

Order pronounced in the open court on this: 23/12/2020

LALKAR SECURITIES P.LTD,MUMBAI vs. DCIT RG 4(3), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

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