Considering the application of the Deepak Enterprises under Vivad Se Vishwas Scheme,2020, ITAT dismisses the appeals as withdrawn.

The Income Tax Appellate Tribunal (ITAT) Mumbai has dismissed the appeals filed by Deepak Enterprises for assessment years 2009-10, 2010-11, and 2011-12. This decision was made after the assessee submitted an application under the Direct Tax Vivad Se Vishwas Act, 2020, indicating a desire to resolve tax disputes. The Tribunal granted the appellant liberty to seek restoration of the appeals if their declaration under the scheme is deemed void by the Department.

IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH “SMC” MUMBAI

BEFORE SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) AND
SHRI N.K. PRADHAN (ACCOUNTANT MEMBER)

ITA No. 2006/MUM/2019
Assessment Year: 2009-10
&
ITA No. 2005/MUM/2019
Assessment Year: 2010-11
&
ITA No. 2004/MUM/2019
Assessment Year: 2011-12

Deepak Enterprises,
Near Jai Bharat Wooden
Work, Jani Compound, Ghatla
Village, Chembur,
Mumbai-400071.
PAN No. AADFD 8045 K
Appellant 

Vs.

Income Tax Officer-27(1)(4),
Vashi, Navi Mumbai.
Respondent

Assessee by : None
Revenue by : Ms. Smita Verma, DR

Date of Hearing : 13/01/2021
Date of Pronouncement : 13/01/2021
 
ORDER

PER N.K. PRADHAN, A.M.

The captioned appeals filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals)-24, Mumbai [in short ‘CIT(A)’] and arise out of the assessment completed u/s 143(3) r.w.s. 147 the Income Tax Act 1961, (the ‘Act’).

2. The appellant has filed a letter dated 10.10.2020 stating that they have already filed application under the Direct Tax Vivad Se Vishwas Act, 2020 for the captioned assessment years. In this regard, the appellant enclosed along with the above letter copies of Form-1 (application) and Form-2 (declaration) filed under the above Act.

 We brought to the attention of the Ld. Departmental Representative (DR) the above submissions of the appellant.

3. 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 andfor 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, whichmay 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 application of the appellant under the above Act 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 these appeals as withdrawn.However, liberty is granted to the appellant to seek the restoration of these appeals 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 appellant seeks restoration of these appeals by filing  miscellaneous application, the delay if any would be condoned without insisting upon filing any application for condonation of delay.

4. In the result, the appeals are dismissed as withdrawn, subject to the observation above.

Order pronounced in the open Court on 13/01/2021.

 Sd/-                                                                           Sd/-
(PAVAN KUMAR GADALE)                                     (N.K. PRADHAN)
JUDICIAL MEMBER                                                ACCOUNTANT MEMBER

Mumbai;
Dated: 13/01/2021
Rahul Sharma, Sr. P.S.

Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A)-
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.

 BY ORDER,

 (Dy./Assistant Registrar)
 ITAT, Mumbai