PACE EQUIPMENT PVT LTD,MUMBAI vs. ITO 10(3)(3), MUMBAI

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ITA 4259/MUM/2019Status: DisposedITAT Mumbai10 December 2020AY 2013-143 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The Tribunal dismissed the appeal as withdrawn, granting liberty to the assessee to seek restoration if the Vivad Se Vishwas application is not accepted by the Revenue.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order for AY 2013-14. The assessee subsequently applied for settlement of the tax dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

The primary issue was the pendency of the appeal in light of the assessee's application for dispute resolution under the Vivad Se Vishwas Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY

For Respondent: Shri Sanjay J. Sethi

Aforesaid appeal has been filed by the assessee challenging the order dated 17TH May 2019, passed by the learned Commissioner of Income Tax (Appeals)–17, Mumbai, for the assessment year 2013–14.

The learned counsel for the assessee has filed letter dated 13th 2. November 2020, before the Registry of the Tribunal stating that the assessee has applied for settling the tax dispute arising in the present appeal under the Direct Tax Vivad Se Vishwas Act, 2020.

2 Pace Equipment Pvt. Ltd.

3.

Heard the learned Departmental Representative and perused the material on record. Considering the fact that the assessee has already applied for settling the dispute in the present appeal under the Direct Tax Vivad Se Vishwas Act, 2020, I am inclined to dismiss the appeal as withdrawn. However, liberty is granted to the assessee to seek restoration of this appeal in the event the application to be filed under the Vivad Se Vishwas Act,2020 is not accepted by the Department. In other words, in the event of non acceptance of assessee’s declaration by the Revenue, the assessee can file a miscellaneous application seeking recall of this order and restoration of the appeal. This is in view of the decision of the Hon’ble Madras High Court in order dated 16th October 2020, delivered in M/s. Nannusamy Mohan (HUF) v/s ACIT, TCA no.372 of 2020.

4.

In the result, appeal is dismissed with aforementioned liberty. Order pronounced in the open court on 10.12.2020. Sd/- SAKTIJIT DEY MUMBAI, DATED:10.12.2020 JUDICIAL MEMBER

3 Pace Equipment Pvt. Ltd.

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