DCIT CEN CIR 8(1), MUMBAI SHEELA K. MEHTA, MUMBAI

Last updated: 03 March 2021

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The Income Tax Appellate Tribunal has dismissed the revenue's appeal against Smt. Sheela K. Mehta for the assessment year 2009-10. This decision was made because the assessee had applied to settle the matter under the Direct Tax Vivad se Vishwas Act, 2020. The appeal was withdrawn with the liberty for the revenue to seek restoration if the settlement is not finalised.

Court :
ITAT Mumbai

Brief :
The present appeal filed by the revenue is directed against the order passed by the CIT(A)-50, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 153A r.w.s 143(3) of the Income-tax Act, 1961, dated 27.03.2015 for assessment year 2009-10. 2. The ld. Authorised representative (for short “A.R”) for the assessee has e-filed a letter on 09th February, 2021, wherein it is stated that the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal.

Citation :
ITA 1939/MUM/2017

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

BEFORE SHRI MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AND
SHRI RAVISH SOOD (JUDICIAL MEMBER)

ITA No. 1939/MUM/2017
(Assessment Year: 2009-10)

DCIT, Central Circle-8(1),
Room No. 656, 6
th Floor,
Aayakar Bhavan, M.K.Road,
Mumbai – 400 020
PAN No. AADPM1395B
(Assessee)

Vs.

Smt. Sheela K. Mehta
31, 3rd Floor, Air Condition
Markeet, Tardeo Road,
Mumbai - 400034
(Revenue)

Assessee by : Shri Durga Prasad Poojari, A.R
Revenue by : Shri T.S. Khalsa, D.R

Date of Hearing : 11/02/2021
Date of pronouncement : 11/02/2021

ORDER

PER RAVISH SOOD, J.M:

The present appeal filed by the revenue is directed against the order passed by the CIT(A)-50, Mumbai, which in turn arises from the assessment order passed by the A.O under Sec. 153A r.w.s 143(3) of the Income-tax Act, 1961, dated 27.03.2015 for assessment year 2009-10. 2. The ld. Authorised representative (for short “A.R”) for the assessee has e-filed a letter on 09th February, 2021, wherein it is stated that the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020 in order to settle the aforesaid matter pending before the Tribunal. In support of his aforesaid claim the ld. A.R had stated that “Form 5” has been issued to the assessee by the designated authority. It is stated by the assessee that in the backdrop of the aforesaid facts the captioned appeal filed by the revenue may be directed to be withdrawn.

3. The ld. D.R did not controvert the aforesaid factual position as was canvassed before us.

4. In view of the above, we dismiss the revenue’s appeal as withdrawn, subject to a rider that in the unlikely event of the matter not being resolved under the Vivad se Vishwas scheme the appellant revenue shall have liberty to approach the Tribunal for restoration of its appeal.

5. Resultantly, the appeal is dismissed as withdrawn subject to the observations recorded
hereinabove.

Order pronounced in the open court on 11/02/2021.

Sd/- Sd/-
(Manoj Kumar Aggarwal) (Ravish Sood)
ACCOUNTANT MEMBER JUDICIAL MEMBER

Mumbai;Dated: 11.02.2021
PS: Rohit

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,
//True Copy//
(Sr. Private Secretary)
ITAT, Mumbai

FAQ :

The appeal concerned the assessment year 2009-10 and was filed by the revenue against Smt. Sheela K. Mehta.

The appeal was dismissed as withdrawn because the assessee had filed an application under the Direct Tax Vivad se Vishwas Act, 2020, to settle the matter.

The Vivad se Vishwas Act, 2020, is a scheme introduced to settle tax disputes.

Yes, the revenue has been granted liberty to approach the Tribunal for the restoration of its appeal if the matter is not resolved under the Vivad se Vishwas scheme.