SHRI CHINMAY R. KALLIANPUR,MUMBAI vs. ITO WARD-21(1)(3), MUMBAI

PDF · subscribers
ITA 1195/MUM/2019Status: DisposedITAT Mumbai22 December 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The Tribunal dismissed the appeal as withdrawn, acknowledging the assessee's participation in the Vivad Se Vishwas scheme. Liberty was granted to revive the appeal if the declaration was considered void by the Department.

What were the facts?

The assessee filed a declaration under the Direct Tax Vivad Se Vishwas Act, 2020, and received acceptance from the Department. The assessee sought to withdraw the current appeal with liberty to revive it if the declaration was later deemed void.

What were the issues?

Whether the appeal should be withdrawn and liberty granted to revive it in light of the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “SMC” MUMBAI

Before: SHRI VIKAS AWASTHY & SHRI N.K. PRADHAN

For Appellant: Ms. Dinkle Hariya, AR
For Respondent: Ms. Smita Verma, DR
Hearing: 22/12/2020Pronounced: 22/12/2020

ORDER PER N.K. PRADHAN, A.M.

This is an appeal filed by the assessee. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner of Income Tax (Appeals)-48, Mumbai [in short ‘CIT(A)’] and arises out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2.

The Ld. counsel for the appellant submits that the assessee has filed declaration under “Direct Tax Vivad Se Vishwas Act, 2020” (in short ‘VSV Act’) and filed a copy of Form No. 1 & 2. Further, it is stated that the assessee

2 Shri Chinmay R. is in receipt of Form No. 3, accepting the declaration from the Department. A copy of Form No. 3 is also filed. Thus it is submitted by the Ld. counsel that the assessee be allowed to withdraw the present appeal and liberty may be given by the Tribunal to revive the appeal, if the declaration is considered void under the VSV Act The Ld. DR has no objection to the above.

3.

We have heard the rival submissions and perused the relevant materials on record. The Government of India enacted the Direct Tax Vivad Se Vishwas Act, 2020 (Act No. 3 of 2020) to provide for resolution of disputed tax and for matter connected therewith or incidental thereto. The Act of the Parliament received the assent of the President on 17.03.2020 and published in the Gazette of India on 17.03.2020. In terms of the said Act, the assessee has been given an option to put an end to the tax disputes, which may be pending at different levels either before the First Appellate Authority or before the Tribunal or before the High Court or before the Supreme Court of India.

Considering the submissions of the Ld. counsels appearing for the parties and keeping in view the decision of the Hon’ble Madras High Court in the case of M/s Nannusamy Mohan (HUF) v. ACIT (TCA No. 372 of 2020, order dated 16.10.2020), we are inclined to dismiss this appeal as withdrawn. However, liberty is granted to the assessee to seek the restoration of this appeal in the event the declaration filed under the aforesaid Act is considered void by the Department. It is further made clear, in such eventuality, if the assessee seeks restoration of this appeal by filing miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

3 Shri Chinmay R. 4. In the result, the appeal is dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 22/12/2020.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →