MAHINDRA AEROSTRUCTURES PVT. LTD.,MUMBAI vs. DCIT-CIRCLE -7(1)(1), MUMBAI

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ITA 1749/MUM/2019Status: DisposedITAT Mumbai14 December 2020AY 2012-132 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 rejected the adjournment request and dismissed the appeal. However, the assessee was granted liberty to recall the appeal if their Vivad Se Vishvas Scheme application was unsuccessful.

What were the facts?

The assessee appealed against the CIT(A)'s order confirming a disallowance of Rs. 99,87,783/-. The assessee sought an adjournment to avail the Vivad Se Vishvas Scheme.

What were the issues?

Whether the appeal should be adjourned for the assessee to opt for the Vivad Se Vishvas Scheme.

AI-generated summary — verify with the full judgment below

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

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Shweta Majadik, A.R
For Respondent: Shri Manpreet Singh Duggal, D.R
Hearing: 09.11.2020Pronounced: 14.12.2020

Per Rajesh Kumar, Accountant Member:

1.

The present appeal has been preferred by the assessee against the order dated 31.10.2018 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2012-13.

2.

The assessee has challenged the order of Ld. CIT(A) only on the ground that Ld. CIT(A) has confirmed the disallowance of Rs.99,87,783/- booked by the assessee under various heads which has been disallowed by the AO.

3.

At the outset, the Ld. Counsel of the assessee submitted that the assessee is going in for Vivad Se Vishvas Scheme under

4.

Since the assessee is going for Vivad Se Vishvas 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 Nannu Samy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the 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 14.12.2020.

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