ACIT CIRCLE 16 (1), MUMBAI vs. M/S TV 18 HOUSE SHOPPING NERWORK LTD., MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal dismissed the appeal as the assessee had opted for the Vivad Se Vishwas Scheme. However, the revenue was granted liberty to seek restoration if the declaration was not accepted.
What were the facts?
The revenue appealed against the deletion of a disallowance made under Section 40(a)(ia). The assessee had opted for the Vivad Se Vishwas Scheme and filed the necessary declaration.
What were the issues?
Whether the appeal should be dismissed in light of the assessee opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: HON’BLE SHRI SAKTIJIT DEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Manoj Kumar Aggarwal (Accountant Member)
By way of this appeal, the revenue contest the action of Ld. first appellate authority in deleting certain disallowance u/s 40(a)(ia) for Rs.395.19 Lacs.
The Ld. Authorized Representative for assessee (AR), at the outset, submitted that the assessee has already opted for Vivad Se Vishwas Scheme (VVS Scheme) and filed requisite declaration in Form- 1 on 05/11/2020. The copy of the same has been placed on record. In the said background, Ld. AR submitted that the appeal may be 2 Assessment Year: 2015-16 dismissed in terms of decision of Hon’ble Madras High Court in M/s Nannusamy Mohan (HUF) V/s ACIT (TCA NO. 372 of 2020) dated 16/10/2020. The Ld. DR did not object to the same but pleaded for liberty in case the declaration is not accepted for whatsoever reasons.
Upon due consideration, going by the said decision, since the assessee has already opted for VVS Scheme and filed requisite declaration therein, the appeal would 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.
In view of the foregoing, the appeal stands dismissed. Order pronounced on 24th November, 2020. (Saktijit Dey) (Manoj Kumar Aggarwal) "ाियक सद" / Judicial Member लेखा सद" / Accountant Member
मुंबई Mumbai; िदनांकDated : 24/11/2020 Sr.PS:-Jaisy Varghese
3 Assessment Year: 2015-16
आदेश की "ितिलिप अ"ेिषत/Copy of the Order forwarded to : अपीलाथ"/ The Appellant
""थ"/ The Respondent 2. आयकरआयु"(अपील) / The CIT(A) 3. आयकरआयु"/ CIT– concerned 4. िवभागीय"ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड"फाईल / Guard File 6. आदेशानुसार/ BY ORDER,
उप/सहायकपंजीकार (Dy./Asstt.
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