DCIT CENTRAL CIRCLE-8(3), MUMBAI vs. ASTRAL SECURITIES PVT. LTD, MUMBAI

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ITA 7357/MUM/2018Status: DisposedITAT Mumbai03 December 20202 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 dismissed the appeal as the assessee had opted for the Vivad Se Vishwas Scheme. The revenue was granted liberty to seek restoration if the VVS Scheme declaration was not in the assessee's favor.

What were the facts?

The department filed an appeal against the order of the first appellate authority. The assessee had opted for the Vivad Se Vishwas Scheme (VVS Scheme) and filed the requisite forms.

What were the issues?

Whether an appeal should be dismissed when the assessee opts for the Vivad Se Vishwas Scheme. The applicability of the Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 4

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

For Appellant: Ms. Trupti Shah –Ld. AR
For Respondent: Shri Brajendra Kumar-Ld. DR

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

By way of this appeal, the department contests the order of Ld. first appellate authority on certain grounds of appeal

2. The Ld. AR, at the outset, submitted that the assessee has already opted for Vivad Se Vishwas Scheme (VVS Scheme) and filed requisite Form-1 & Form-2. The copy of the same has been placed on record.

3. Keeping in view the aforesaid submissions and in terms of decision of Hon’ble Madras High Court in M/s Nannusamy Mohan (HUF) V/s 2 Assessment Year: 2009-10 ACIT (TCA NO. 372 of 2020) dated 16/10/2020, the bench deem it fit to dismiss the appeal. Accordingly, going by the said decision, since the assessee has opted for VVS Scheme, the appeal stand dismissed. However, the revenue is given liberty to seek restoration of this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee u/s 4 of The Direct Tax Vivad Se Vishwas Act, 2020 is not in favor of the assessee. If such prayer is made, the registry shall entertain the prayer forthwith without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request being made by the revenue by filing a miscellaneous application for restoration, the registry shall place such petition before the bench for orders.

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